Coble v. Coble, 70

• Decision Date: 15 July 1980
• Docket Number: No. 70,70
• Citation: 300 N.C. 708,268 S.E.2d 185
• Court: North Carolina Supreme Court
• Parties: Larry Eugene COBLE v. Cheryl Banks COBLE (Klassette).

Page 185

268 S.E.2d 185

300 N.C. 708

Larry Eugene COBLE v. Cheryl Banks COBLE (Klassette).

No. 70.

Supreme Court of North Carolina.

July 15, 1980.

Levine, Goodman & Pawlowski by Paul L. Pawlowski, Charlotte, for plaintiff appellee.

Bryant, Hicks & Sentelle by Richard A. Elkins, Charlotte, for defendant appellant.

EXUM, Justice.

In this appeal from an order requiring her to provide partial child support, defendant challenges the trial court's "finding of fact" that she is capable of contributing support payments and its conclusion of law that plaintiff is entitled to contribution from her. We hold that the trial court's order is not supported by sufficient findings of fact and remand the cause for further proceedings.

Plaintiff Larry Coble and defendant Cheryl Banks Coble (Klassette) were married on 6 September 1969. They lived together as husband and wife until their separation on 9 June 1976. Pursuant to the terms of a separation agreement, plaintiff retained custody of the two minor children born of the marriage. After a decree of absolute divorce was entered on 28 March 1978, plaintiff filed a motion in the cause seeking custody of the minor children and praying for an award of child support from defendant.

At the hearing on the motion before Judge Brown, plaintiff's testimony, together with his "affidavit of financial standing," indicated that his net monthly income was $825.00 and his average monthly expenses, including those in support of his minor children, were in excess of $1,000.00. Evidence offered by defendant tended to show that she was currently employed at a wage of $3.97 per hour on a 40-hour week, plus time-and-a-half for overtime which totaled as much as 32 hours per week. During the parties' separation, she bought the children clothes, shoes, toys, and other items which they needed as she was able to provide them. Defendant's "affidavit of financial standing" indicated that her monthly personal living expenses averaged $510.00.

In its order of 21 December 1978, the trial court awarded custody of the minor children to plaintiff, subject to defendant's visitation privileges. The court also made certain findings of fact regarding the financial standing of the parties as follows:

"12. Defendant has an average monthly net income of approximately . . . $483.32, plus additional sums through her overtime wages. The additional amounts of income she derives from said overtime employment is not determinable at this time. Defendant's living expenses are approximately $510.00 per month.

"The Plaintiff's average net monthly income is approximately $825.00 and the average monthly financial needs of said minor children are approximately $432.00.

"16. Plaintiff is in need of financial assistance from the Defendant for the partial support and maintenance of said children. Defendant is an able-bodied person and is capable of providing child support as herein ordered."

Based upon these findings of fact, Judge Brown concluded as a matter of law that plaintiff was entitled to an award of child support. Defendant was ordered to contribute $180.00 per month toward the partial support of the minor children until their majority.

At the outset, we note our agreement with the Court of Appeals that G.S. 50-13.4(b) permits an order whereby both parents, although separated from the bonds of matrimony, are obligated to contribute to the support of their minor children. That statute provides in pertinent part:

"In the absence of pleading and proof that circumstances of the case otherwise warrant, the father, the mother, or any person, agency, organization or institution standing in loco parentis shall be liable, in that order, for the support of a minor child. Such other circumstances may include, but shall not be limited to, the relative ability of all of the abovementioned parties to provide support or the inability of one or more of them to provide support, and the needs of the estate of the child. . . . "

Under this provision, in the absence of circumstances that "otherwise warrant," the father has the primary duty of providing child support. The mother's duty is secondary. Tidwell v. Booker, 290 N.C. 98, 225 S.E.2d 816 (1976). However, the statute should be read in conjunction with its companion section, G.S. 50-13.4(c), which mandates that:

"Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, and other facts of the particular case." (Emphasis supplied.)

Taken together, these two statutes clearly contemplate a mutuality of obligation on the part of both parents to provide material support for their minor children where circumstances preclude placing the duty of support upon the father alone. Thus, where the father cannot reasonably be expected to bear all the expenses necessary to "meet the reasonable needs of the child(ren)," the court has both the authority and the duty to order that the mother contribute supplementary support to the degree she is able. See, e. g., McKaughn v. McKaughn, 29 N.C.App. 702, 225 S.E.2d 616 (1976). The question remains in the instant case whether the trial judge, acting as the trier of fact, found circumstances sufficient to warrant an order compelling defendant to share in the financial responsibility of child support.

Where, as here, the trial court sits without a jury, the judge is required to "find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment." G.S. 1A-1, Rule 52(a); Coggins v. City of Asheville, 278 N.C. 428, 180 S.E.2d 149 (1971). The purpose of the requirement that the court make findings of those specific facts which support its ultimate disposition of the case is to allow a reviewing court to determine from the record whether the judgment and the legal conclusions which underlie it represent a correct application of the law. The requirement for appropriately detailed findings is thus not a mere formality or a rule of empty ritual; it is designed instead "to dispose of the issues raised by the pleadings and to allow the appellate courts to perform their proper function in the judicial system." Montgomery v. Montgomery, 32 N.C.App. 154, 158, 231 S.E.2d 26, 29 (1977); see, e. g., Crosby v. Crosby, 272 N.C. 235, 158 S.E.2d 77 (1967).

Under G.S. 50-13.4(c), quoted supra, an order for child support must be based upon the interplay of the trial court's conclusions of law as to (1) the amount of support necessary to "meet the reasonable needs of the child" and (2) the relative ability of the parties to provide that amount. These...