Gobble v. Gobble

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 reaonable support. Robinson v. Robinson, 10 N.C. App. 463, 179 S.E. 2d 144 (1971); Robinson v. Robinson, 26 N.C. App. 178, 215 S.E. 2d 179 (1975). Since the judge…