NC COA Case Summary: Equitable Distribution, Frady v. Frady
Equitable Distribution, COA18-141, Oct. 16, 2018, Frady v. Frady, Transylvania County
Equitable distribution order entered October 20, 2017. Husband appeals.
Husband presented 13 issues on appeal which the court narrowed down to essentially five issues. The Court concluded that issues 1-4 were abandoned by failure of Husband to provide any meaningful support, reason or argument.
Regarding issue 5, Husband was ordered to pay a $4,261.00 distributive award to Wife in 60 days. Both Husband and Wife agreed there was a mathematical error by the trial court, but they disagreed as to the correct amount.
The standard of review at the appellate level is a “clear abuse of discretion” by the trial court.
Matter was remanded for the trial court to correct its miscalculation.
Note: Husband contended that the trial court ordered him to pay a distributive award without first finding that he had the ability to pay. Since Husband provided no authority to support his argument, it was deemed abandoned on appeal.
Wife did not appeal the trial court’s order but raised her own issues on appeal which the Court declined to consider.
Wife was incarcerated one-third of the marriage but Husband fostered the marital relationship by visiting her in jail and living with her after her release.