Works v. Works
217 N.C. App. 345
| N.C. Ct. App. | 2011Background
- Husband and wife married on 17 October 1991 and separated on 4 December 2008; two children were born, aged fourteen and twelve at separation.
- Husband filed for custody; wife counterclaimed for permanent custody, post-separation support, alimony, and unequal distribution, alleging marital misconduct by husband.
- Trial court found wife a dependent spouse and imputed income to wife of $1,256.00 per month, then reduced alimony by wife’s share of child support and by private school contributions, totaling $1,000.00 monthly for 84 months.
- Wife appealed challenging imputation of income, reduction for child support, duration of alimony, and other findings supporting the award.
- Court vacated the alimony order and remanded for reconsideration on multiple grounds, including bad-faith income depression, proper calculation of child support, and explicit findings supporting duration.
- At issue, applicable NC Child Support Guidelines in effect as of 1 October 2006 were considered; remand directed for corrected findings and possible adjustment of alimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bad-faith income depression for alimony | Husband argues wife depressed income in bad faith to reduce support. | Wife contends trial court erred in imputing income without a bad-faith finding. | Remanded to determine whether bad-faith income depression occurred; if not, recalculate without imputing income. |
| Bad-faith income depression for child support | Husband asserts imputed income should factor into child support if bad faith shown. | Wife argues no bad-faith finding to support imputation for child support. | Remanded to reassess child support using actual income unless bad-faith depression is proven. |
| Duration of alimony | Husband seeks specified duration as determined by court. | Wife contends trial court failed to justify eight-four month duration with findings. | Remanded to provide explicit findings justifying the duration of alimony. |
| Husband's stated monthly needs and expenses | Husband asserts needs/expenses totaling $6,652.02 are properly supported. | Wife challenges accuracy of the court’s expense figure or clerical error. | Remanded to reconcile the finding with the financial affidavit or correct clerical error. |
| Evidence supporting Finding 34(1) about homemaking condition | Husband supports the court’s unfavorable factor against wife based on the home condition. | Wife argues home condition cannot be solely attributed to her; asserts insufficiency of contrary evidence. | Not meritorious; finding supported by record; issue overruled. |
Key Cases Cited
- Kowalick v. Kowalick, 129 N.C. App. 781 (1998) (bad faith required to use earning capacity for alimony)
- Wachacha v. Wachacha, 38 N.C. App. 504 (1978) (income imputation requires bad-faith finding)
- Sharpe v. Nobles, 127 N.C. App. 705 (1997) (earnings capacity may be used in child support with bad-faith finding)
- Ellis v. Ellis, 126 N.C. App. 362 (1997) (decrease in income due to involuntary factors requires actual income unless bad faith shown)
- Bowes v. Bowes, 287 N.C. 163 (1975) (bad faith may justify income imputation)
- Friend-Novorska v. Novorska, 131 N.C. App. 867 (1998) (courts must set forth findings supporting alimony duration on remand)
- Koufman v. Koufman, 330 N.C. 93 (1991) (presumed facts require explicit support on appeal)
- Quick v. Quick, 305 N.C. 446 (1982) (alimony discretion; findings deference to trial court)
- White v. White, 312 N.C. 770 (1985) (deference to trial court; discretionary rulings reviewed for abuse)