North Carolina family law attorney Janet Reed comments on a recent North Carolina Case

JACKSONVILLE, N.C. - May 26, 2019 - EntSun -- Attorney Janet Reed, based in North Carolina, has published a comment on the recent Flores case. The complete article will be published on her Blog at https://janetreedesq.blogspot.com/

"Plaintiff Bessie Goff Flores and defendant Luis Fernando Flores were married on 5 June 1999 and separated on 30 November 2014. During the marriage, two children were born, who were ages sixteen and fourteen at the time of the proceedings. From May 2015 until September 2015, defendant made child support payments in the amount agreed to by the parties of $1,039.00 per month and remained current on his monthly payments."

"On 10 September 2015, the parties entered into a consent order as to child support and post-separation support. The parties agreed that defendant would pay plaintiff $450.00 in post-separation support and $1,287.20 in child support per month. A judgment for absolute divorce was entered on 24 May 2016 and incorporated the parties' separation agreement and property settlement, which divided marital assets and debts."

More on EntSun News

• Custom Home Builder Connecticut Valley Homes Wins 2025 Home of the Year from the Modular Home Builders Association
• TAP Announces Open Auditions for 2026 Season
• Orchestra Manhattan and Orpheus Chamber Orchestra to Launch Community Concert Association Season
• Scoop Social Co. Partners with Air Canada to Celebrate New Direct Flights to Milan with Custom Italian Piaggio Ape Gelato Carts
• Breakout Phase for Public Company: New Partnerships, Zero Debt, and $20 Million Growth Capital Position Company for 2026 Acceleration

Plaintiff also sought "to recover the difference in child support from May 2015 until the entry of the consent order in September 2015. In addition, plaintiff sought permanent alimony, attorney's fees, and court costs from defendant."  Trial court determined that the plaintiff grossly inflated her expenses and that she was not a dependent spouse.  Therefore, the trial court denied plaintiff's claim for alimony.

On appeal, the Court of Appeals explained that "[t]he trial court's first determination as to whether a party is entitled to alimony is reviewed de novo.  If the trial court determines that a party is entitled to alimony, then a second determination is made as to the amount of alimony to be awarded, which we review for abuse of discretion." (internal citation omitted).

The court then explained that entitlement to alimony depends on three factors: "(1) that [the] party [seeking alimony] is a dependent spouse; (2) the other party is a supporting spouse; and (3) an award of alimony would be equitable under all the relevant factors."  "By statute, a 'dependent spouse' is one 'who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.' N.C. Gen. Stat. § 50-16.1A(2) (2017). '[T]o properly find a spouse dependent[,] the court need only find that the spouse's reasonable monthly expenses exceed her monthly income and that the party has no other means with which to meet those expenses.'"

More on EntSun News

• Japan's Patented "Hammock'n" Smartphone Band Targets Hand Fatigue From Long Phone Use
• Reditus Group Introduces A New Empirical Model for Early-Stage B2B Growth
• CCHR: Harvard Review Exposes Institutional Corruption in Global Mental Health
• NEXO, the First AI Artist From 2045, Releases Cinematic Music Video for "STACK BAGS"
• Award Winning Comedian Returns to Diamond Mountain

Examining the record, the Court of Appeals concluded that the trial court correctly determined that the Plaintiff inflated her expenses. The Court of Appeals also concluded that the Plaintiff excluded certain items from her income. Therefore, the court affirmed the trial court's ruling.

*** Janet P. Reed is an attorney in Jacksonville, North Carolina, and handles Family Law cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law, Driver's License Restoration Services, and Civil Litigation cases.

Website: https://janetreedlaw.com/
Blog: https://janetreedesq.blogspot.com/