Steele v. Steele
| Decision Date | 06 June 1978 |
| Docket Number | No. 7727DC599,7727DC599 |
| Citation | 36 N.C.App. 601,244 S.E.2d 466 |
| Court | North Carolina Court of Appeals |
| Parties | Betty C. STEELE v. Donald Howard STEELE, Jr. |
Thomas M. Shuford, Jr., Lincolnton, for defendant-appellant.
This is a domestic case in which plaintiff wife sought divorce from bed and board, custody of the minor child, alimony, alimony pendente lite, and child support. Defendant husband excepted to the signing of the order awarding plaintiff custody of the minor child, child support and possession of the parties' dwelling. He argues that the trial court's order is not supported by sufficient findings of fact and conclusions of law and he asks that this case be remanded to trial court for a further hearing. Plaintiff appellee concedes that the order was not supported by sufficient findings of fact and conclusions of law and concurs in defendant's request for remand. We agree that the case should be remanded but, on remand, the trial court is directed to make findings of fact and conclusions of law based upon the 27 April 1977 hearing from which the trial court's original order was drawn.
We are aware of the difficulties experienced by trial courts in drafting orders in domestic cases. Many cases, both in this Court and in our Supreme Court, have dealt with the problem of insufficient findings of fact. These cases, however, are generally not helpful in explaining what is expected from district court orders. A cursory review of the controlling statutes may aid those attempting to draft such orders.
In an action for divorce from bed and board under G.S. 50-7, the trial court should make adequate findings of facts (i. e. specific acts of misconduct) to support the conclusion of law that the non-injured party has (1) abandoned the family; (2) maliciously turned the other out of doors; (3) endangered the life of the other by cruel or barbarous treatment; (4) offered such indignities to the person of the other to render his or her condition intolerable; or (5) become an excessive user of alcohol or drugs so that the other's life is burdensome.
In suits for alimony, the order granting alimony must contain one of the ten grounds for alimony listed in G.S. 50-16.2 as a conclusion of law. Findings of fact to support that conclusion must, of course, be made, and usually the finding or findings of fact necessary will involve the actions of the supporting spouse. For example, to conclude that the supporting spouse has committed adultery under G.S. 50-16.2(1) requires the court to find as fact that the spouse is the supporting spouse (see G.S. 50-16.1(4)) and that he or she has committed specific adulterous acts with another party.
Similarly, in suits for alimony pendente lite, the grounds listed under G.S. 50-16.3 are conclusions of law necessary to justify an order granting such alimony. The court, therefore, must conclude as a matter of law that the party seeking alimony pendente lite (1) is the dependent spouse, G.S. 50-16.1(3), (2) is a party in an action for absolute divorce, divorce from bed and board, annulment, or alimony without divorce and, (3) from all the evidence presented pursuant to G.S. 50-16.8(f), (a) is entitled to the relief demanded...
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...or any other factors brought out by the evidence and relevant to the issue of the welfare of the child.” Steele v. Steele, 36 N.C.App. 601, 604, 244 S.E.2d 466, 468 (1978). The trial court then compared these findings as to the circumstances in March 2009 with evidence and testimony as to t......
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...or any other factors brought out by the evidence and relevant to the issue of the welfare of the child." Steele v. Steele, 36 N.C.App. 601, 604, 244 S.E.2d 466, 468 (1978). As noted above, the trial court's order contains findings of fact which are relevant to the issue of T.H.T.'s best int......
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