Warren v. Warren

773 S.E.2d 135, 241 N.C. App. 634, 2015 N.C. App. LEXIS 517
CourtCourt of Appeals of North Carolina
DecidedJune 16, 2015
DocketNo. COA14–982.
StatusPublished
Cited by4 cases

This text of 773 S.E.2d 135 (Warren v. Warren) 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
Warren v. Warren, 773 S.E.2d 135, 241 N.C. App. 634, 2015 N.C. App. LEXIS 517 (N.C. Ct. App. 2015).

Opinion

CALABRIA, Judge.

*634Michael Thomas Warren ("defendant") appeals from an order classifying the student loans of Mary McDonald Warren ("plaintiff") as marital debt. We affirm.

*635Plaintiff and defendant (collectively, "the parties") were married on 4 July 2000, and lived together as husband and wife until they separated on 26 March 2011. The trial court granted the parties an absolute divorce on 2 May 2013. There were two children born of the marriage who lived with the parties. Plaintiff has two other children from a previous marriage who also lived with the parties during the marriage.

Plaintiff worked as a teacher when the parties first married. The parties agreed that plaintiff would stop working so she could take care of the home while the children were young. When the children grew older, the parties agreed that plaintiff would return to school to earn a degree so she could increase her income for the benefit of the family. In the fall of 2006, plaintiff enrolled at Lenoir-Rhyne University ("Lenoir-Rhyne"), where her tuition totaled $31,665.00. While in school, plaintiff incurred student loans for a total of $88,429.08. The funds from the student loans not only paid her tuition, textbooks, and school supplies, but also paid the family's living expenses. Although plaintiff deposited the student loan funds into her own separate account, both parties had separate checking accounts in their own names and both paid family expenses. Plaintiff graduated from Lenoir-Rhyne in the spring of 2009 with a Master's of Science in occupational therapy.

After plaintiff graduated in 2009, she secured employment as an occupational therapist, initially earning $34.08 per hour. She worked approximately thirty hours a week, earning a weekly income of around $1,224.00. In January of 2010 she began working as a contract occupational therapist, earning approximately $60.00 per hour. On 26 March 2011, the parties separated. At that time, *137plaintiff earned approximately $65,000.00 per year, and defendant earned approximately $100,000.00 per year.

On 5 April 2011, plaintiff filed a complaint for, inter alia, an equitable distribution of marital property, and requested an unequal division. On 5 March 2014, the parties entered into a pre-trial order. In the pre-trial order, plaintiff alleged that she had incurred two student loan debts of $72,500.00 and $9,577.47, and both loans constituted marital debt. Additionally, plaintiff contended that since the date of separation she had maintained current payments for the student loan debt to the best of her abilities, but that she had recently been unable to make payments toward the student loans since she paid an unequal share on the parties' other marital debts without the benefit of a reciprocal amount of marital assets. Defendant contended that the student loans were plaintiff's separate debt.

*636After a hearing, the trial court entered an order on 5 May 2014 concluding that the student loans amounted to $88,429.08, and that the loans were incurred during the course of the marriage and for the benefit of the marriage. The trial court then classified the $88,427.08 of student loan debt as marital debt. Defendant appeals.

Defendant's primary argument on appeal is that the trial court erred in classifying plaintiff's student loans as marital debt. Specifically, defendant contends that the trial court erred in its classification because plaintiff "utterly failed" to prove that the debt she incurred in student loans was for the joint benefit of the marital unit. We disagree.

As an initial matter, defendant argues that because a degree is classified as separate property, the debt acquired to pursue a Master's of Science in occupational therapy should be separate property. However, defendant failed to raise this argument at the trial court level. Therefore, we decline to address this argument. See Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjust., 354 N.C. 298, 309, 554 S.E.2d 634, 641 (2001) ( "[I]ssues and theories of a case not raised below will not be considered on appeal.").

The trial court's equitable distribution judgment "will not be disturbed absent a clear abuse of [the court's] discretion." Wiencek-Adams v. Adams, 331 N.C. 688, 691, 417 S.E.2d 449, 451 (1992) (citation omitted). "Only a finding that the judgment was unsupported by reason and could not have been a result of competent inquiry, or a finding that the trial judge failed to comply with the statute, will establish an abuse of discretion." Id. (citations omitted). Furthermore, the trial court's determination "as to whether property is marital or separate ... will not be disturbed on appeal if there is competent evidence to support the findings." Riggs v. Riggs, 124 N.C.App. 647, 649, 478 S.E.2d 211, 212 (1996) (citation omitted).

"In equitable distribution actions the trial court is required to classify, value and distribute, if marital, the debts of the parties to the marriage." Pott v. Pott, 126 N.C.App. 285, 288, 484 S.E.2d 822, 825 (1997) (internal citation and quotations omitted). This Court has long held that a marital debt "is one incurred during the marriage and before the date of separation by either spouse or both spouses for the joint benefit of the parties." Huguelet v. Huguelet, 113 N.C.App. 533, 536, 439 S.E.2d 208, 210 (1994), disc. review denied, 336 N.C. 605, 447 S.E.2d 392 (1994) (citations omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sapia v. Sapia
Court of Appeals of North Carolina, 2024
Purvis v. Purvis
Court of Appeals of North Carolina, 2021
Drayton v. Drayton
65 V.I. 325 (Supreme Court of The Virgin Islands, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
773 S.E.2d 135, 241 N.C. App. 634, 2015 N.C. App. LEXIS 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-warren-ncctapp-2015.