GOBBLE v. GOBBLE

No. 7722DC506.

242 S.E.2d 516 (1978)

35 N.C. App. 765

Elsie Seymore GOBBLE v. James Odell GOBBLE.

Court of Appeals of North Carolina.

April 4, 1978.


Attorney(s) appearing for the Case

No counsel for plaintiff appellee.

Wilson & Biesecker, by Joe E. Biesecker, Lexington, for defendant appellant.


HEDRICK, Judge.

Defendant contends the findings of fact do not support the order that defendant pay alimony pendente lite in the amount of $45.00 per week, and $300.00 attorney's fees.

An award of alimony pendente lite may not be based on the earning capacity of the supporting spouse in the absence of a finding that the defendant is failing to exercise his capacity to earn because of a disregard of his marital obligation to provide reasonable support. Robinson...

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