Cauble v. Cauble

515 S.E.2d 708, 133 N.C. App. 390, 1999 N.C. App. LEXIS 513
CourtCourt of Appeals of North Carolina
DecidedJune 1, 1999
DocketCOA97-1274
StatusPublished
Cited by19 cases

This text of 515 S.E.2d 708 (Cauble v. Cauble) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cauble v. Cauble, 515 S.E.2d 708, 133 N.C. App. 390, 1999 N.C. App. LEXIS 513 (N.C. Ct. App. 1999).

Opinion

JOHN, Judge.

Defendant appeals the trial court’s child support order, asserting the court erred by (1) “improperly calculating the income of the [defendant] from the Farm Supply business”; and (2) “not including in the income of the [defendant] the losses from the Fun Park corporation.” We vacate in part and remand in part.

Pertinent facts and procedural history include the following: Plaintiff and defendant, both residents of Stanly County, were married 29 December 1968. Amanda Beth Cauble, the sole child of the marriage, was born 24 November 1985. Following separation in early 1991, the parties divorced 26 September 1994. Subsequent to a hearing at the 28 October 1996 Session of Stanly County District Court, an order awarding plaintiff custody of Amanda was filed 24 March 1997. .

Plaintiff’s claim for child support was heard during the 19 March 1997 Civil Non-Jury Session of District Court of Stanly County. In its 5 May 1997 order, the court entered the following relevant findings of fact:

7. The plaintiff testified that she was employed by Home Savings Bank of Albemarle and that her current gross monthly earnings are $2,885.00. . . .
8. In June of 1983, plaintiff and defendant founded Stanly Farm Supply, Inc. (hereinafter called “Stanly Farm”) with the *392 defendant owning 51% of the outstanding shares of capital stock, namely, 251 shares, and the plaintiff owning 49% of the outstanding shares of capital stock, namely, 249 shares.
9. Stanly Farm is a closely held corporation.
10. Since June 1, 1983, defendant has managed the Stanly Farm business as its chief executive officer.
11. Since June 1, 1983, Stanly Farm has been engaged in the business of selling feeds, seeds, fertilizer, farm equipment, farm supplies and other related items to the farming communities in Stanly County and other surrounding counties.
12. Since January 1, 1983, Stanly Farm has been a C corporation with its fiscal year being the same as the calender year and its method of accounting being the accrual method.
13. For more than three years, the defendant’s annual salary with Stanly Farm has been $8,000.00 In addition he has rented a dump truck to Stanly Farm and has received annual rental income of $5,400.00
15. Since June 1, 1983, Stanly Farm has had taxable income each calendar year, with the exception of 1996, which tax return shows a taxable income loss of $1,498.71".
16. All income after payment of taxes of Stanly Farm since its inception in June of 1983 have been retained and the accumulated retained earnings on December 31, 1996 was $470,676.20.

In arriving at defendant’s gross income from Stanly Farm Supply, Inc. (Stanly Farm), the trial court allowed the following as ordinary and necessary business expenses of the corporation:

Salaries and wages.$62,599.72
Taxes and Licenses.$10,532.72
Interest.$ 487.56
Advertising.$ 5,533.72
Other deductions .$74,409.79

However, “in the interest of justice,” the court excluded the sums of $6,447.53 and $71,886.68, claimed by Stanly Farm on its 1996 tax *393 return as deductions respectively for depreciation and bad debt. The court’s order provided in this regard that:

19. The depreciation of $6,447.53 . . . represents straight line depreciation or lower than straight line depreciation. Stanly Farm in earlier years did use an accelerated component of depreciation.
20. The bad debts ... represent!] bad debts from sales in previous years and does not represent cash dollars flowing out of Stanly Farm during 1996.
21. Defendant also received from Stanly Farm in 1996, $540.00 as reimbursement for the use of his personal vehicle for Stanly Farm and $5,400.00 rental income.
23. On December 31, 1996, Stanly Farm had on hand a cash balance of $69,301.49. . . .
24. Defendant, as the owner of 51% of the outstanding shares of the capital stock of Stanly Farm, had the authority as to the disbursement of any monies owned by Stanly Farm.
25. Since June 1, 1983, Stanly Farm has never paid dividends to its shareholders.
The court thereupon concluded:
2. The defendant’s annual gross income from his operation of Stanly Farm for purposes of calculating child support is $49,206.00 . . . [and the] appropriate level of monthly gross income available to defendant to satisfy his child support obligation is $4,100.00. . . .
5. The defendant’s monthly obligation for child support... is $467.00.

Also at issue at the child support hearing was defendant’s 100% ownership of Fun Park, Inc. (Fun Park), a Subchapter-S corporation established by defendant in 1996. Fun Park reported a loss of $43,321.11 in 1996. Defendant’s evidence tended to show that $13,347.63 of this figure consisted of the straight line depreciation component. The trial court’s order contained no findings or conclusions addressing defendant’s income or loss from Fun Park.

*394 Defendant filed timely notice of appeal 25 April 1997.

Initially, defendant argues the trial court improperly (1) “imputed to [him] income of [Stanly Farm] without finding that he had deliberately depressed his income”; (2) determined the “amount of income available to him through [Stanly Farm] by disregarding Stanly Farm’s accrual accounting method; and (3) “fail[ed] to deduct from [the] income of [Stanly Farm] the reasonable and necessary expenses of depreciation and bad debt. . . incurred in an accrual accounting tax computation.” Each of these contentions is unfounded.

The
ultimate objective in setting awards for child support is to secure support commensurate with the needs of the children and the ability of the father [mother] to meet the needs.

Pittman v. Pittman, 114 N.C. App. 808, 810, 443 S.E.2d 96, 97 (1994). The statute governing child support provides that:

[p]ayments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, [and] accustomed standard of living of the child and the parties ....

N.C.G.S. § 50-13.4(c) (Supp. 1997).

Prospective child support is “normally determined under the North Carolina Child Support Guidelines (the Guidelines),” see G.S.

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Bluebook (online)
515 S.E.2d 708, 133 N.C. App. 390, 1999 N.C. App. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cauble-v-cauble-ncctapp-1999.