Caldwell v. Caldwell

HEDRICK, Chief Judge.

Defendant contends the trial judge’s finding that “Plaintiff was substantially and materially dependent upon the Defendant for her support and maintenance” is not supported by the evidence. We agree.

G.S. 50-16.1(3) defines “dependent spouse” as a spouse, “whether husband or wife, 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.” The trial court in this case did not find that plaintiff was “substantially in need of maintenance and support” from…