Sguros v. Sguros, 381
| Decision Date | 27 April 1960 |
| Docket Number | No. 381,381 |
| Citation | 114 S.E.2d 79,252 N.C. 408 |
| Court | North Carolina Supreme Court |
| Parties | Alice B. SGUROS v. Peter L. SGUROS. |
Clyde C. Randolph, Jr., Keith Y. Sharpe, Winston Salem, for defendant, appellant.
Deal, Hutchins and Minor, by Edwin T. Pullen, Winston Salem, for plaintiff, appellee.
The complaint states a cause of action based on abandonment under G.S. § 50-16. Hence it is not necessary to allege with particularity acts and conduct as required when the cause is based on such indignities to the person as to render the condition intolerable and life burdensome. See Caddell v. Caddell, 236 N.C. 686, 73 S.E.2d 923; Allen v. Allen, 244 N.C. 446, 94 S.E.2d 325; Ollis v. Ollis, 241 N.C. 709, 86 S.E.2d 420. The evidence before the court is sufficient to sustain the court's finding of abandonment and the suitability of the plaintiff to have custody of the children. Likewise the evidence is sufficient to entitle the plaintiff to an award of alimony pendente lite and counsel fees. Yow v. Yow, 243 N.C. 79, 89 S.E.2d 867.
In fixing the amount to be allotted as subsistence pending trial on the merits, the court should take into account the estate and earnings of the husband as well as the estate and earnings of the wife. Herndon v. Herndon, 248 N.C. 248, 102 S.E.2d 862; Rayfield v. Rayfield, 242 N.C. 691, 89 S.E.2d 399; Fogartie v. Fogartie, 236 N.C. 188, 72 S.E.2d 226. However, in fixing the alimony payments in this case the court apparently did so on the basis of the defendant's annual income of $11,800 at the time the action was instituted rather than upon the annual income of $8,000 at the time the order was signed.
At the time the action was instituted the defendant, who 'has a Ph.D. degree in Bacteriology,' was employed in the research department of Reynolds Tobacco Company at a salary of $10,740 per year and a further salary of $1,000 per year from the Naval Reserve unit to which he belonged. Subsequently he resigned from Reynolds, retired from the Naval unit, and accepted an associate professorship at Miami University in Florida at a salary of $8,000 per year.
According to his affidavit his opportunities for advancement in his special field are greater as a university teacher than as a tobacco laboratory technician. There is neither allegation nor evidence, nor finding his change of positions was otherwise than for the reason he assigns. Under the circumstances here disclosed, we hold he had the right, so long as he acted in good faith, to accept the professorship at Miami even though at a reduction in salary. The court should have fixed the monthly payments on the basis of a salary of $8,000. If, as the defendant contends, the allowance was made on the basis of conditions no longer existing, he may, by motion in the cause, show how he is prejudiced by the order now in effect and have it reconsidered.
The parties have resorted to the court for settlement of their differences. It is the policy of the law to be impartial with respect to the merits of the controversy. However, the law recognizes the responsibility of the father...
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Schloss v. Schloss, 281
...to punish the husband or to divide his estate. This is especially true of an allowance for subsistence pendente lite. In Sguros v. Sguros, 252 N.C. 408, 114 S.E.2d 79, Higgins, J., speaking for the Court, 'A pendente lite order is intended to go no further than provide subsistence and couns......
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Collins v. Collins
...allow a party to accumulate savings. Glass v. Glass, 131 N.C.App. 784, 789–90, 509 S.E.2d 236, 239–40 (1998) (citing Sguros v. Sguros, 252 N.C. 408, 114 S.E.2d 79 (1960) (emphasis supplied)). See Roberts v. Roberts, 30 N.C.App. 242, 226 S.E.2d 400 (1976).Defendant argues the additional $1,2......
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Gardner v. Gardner
...the dependent spouse pending the final determination of her rights and not to establish a savings account for her. See Sguros v. Sguros, 252 N.C. 408, 114 S.E.2d 79 (1960); Roberts v. Roberts, 30 N.C.App. 242, 226 S.E.2d 400 (1976). Nevertheless, this does not relieve the supporting spouse ......
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Conrad v. Conrad, 378
...is honestly engaged in a business to which he is properly adapted and is in fact seeking to operate his business profitably. Sguros v. Sguros, N.C., 114 S.E.2d 79. To base an award on capacity to earn rather than actual earnings, there should be a finding based on evidence that the husband ......