Alimony Decision by North Carolina Court of Appeals

In the case of Webb v. Webb the trial court awarded Wife $5,000.00 per month in permanent alimony and partial attorney fees. Husband appealed to the North Carolina Court of Appeals and argued that the Court did not make sufficient findings of fact to support an award of permanent alimony and that the Court made an error in calculating his income.

On review, the North Carolina Court of Appeals determined that the Husband was properly identified as the supporting spouse and that the Wife was properly identified as the dependent spouse. The Court also decided that the trial court’s 57 findings of fact were sufficient to show that the trial court considered the statutory factors in North Carolina General Statutes 50-16.3A(b) as to the amount, duration and manner of payment of alimony to Wife. The North Carolina Court of Appeals did find that the trial court miscalculated Husband’s monthly income generated by his business by $312.00 per month and remanded the case to the trial court for determination of whether this miscalculation affects the alimony award. Finally, the Court of Appeals found that a partial award of attorney fees to Wife was proper because she was not required to substantially deplete her separate estate to pay attorney fees.