Calista Inman Reiss v. Loren Blair Reiss

Raleigh, North Carolina family law lawyers represented the the Plaintiff and the Defendant in a divorce case.





Defendant and Plaintiff were married in 1994, and thereafter, two children were born of the marriage. Plaintiff stayed home full-time to raise the children while Defendant worked outside the home as an engineer. In 2019, the parties separated.



On 2 July 2020, Plaintiff filed a complaint for equitable distribution, postseparation support, alimony, absolute divorce, and attorney's fees. On 19 November 2020, Defendant filed an answer and counterclaim, which he amended on 23 December 2020. On 15 January 2021, Plaintiff filed a reply to Defendant's amended answer and counterclaim.



After a hearing on 4 March 2021, the trial court entered an order on 23 April 2021 that, inter alia, resolved the claim for postseparation support. The trial court found that Plaintiff is an "actually substantially dependent" spouse, and that Defendant is a supporting spouse. Accordingly, the trial court ordered Defendant to pay Plaintiff $5,500.00 per month in postseparation support. The trial court also ordered that Defendant transfer to Plaintiff an interim distribution of $200,000.00 and pay Plaintiff's attorney's fees.



On 18 June 2021, the parties obtained an absolute divorce. The parties settled the equitable distribution claims, and on 22 October 2021, the trial court entered a consent equitable distribution judgment and order.



On 19 December 2022, Plaintiff's claim for alimony came on for hearing. At the close of Plaintiff's evidence, Defendant moved for an involuntary dismissal, see N.C. Gen. Stat. § 1A-1, Rule 41(b) (2023), arguing that Plaintiff had not presented sufficient evidence of his present income and expenses. The trial court denied Defendant's motion to dismiss. Defendant then presented his case-in-chief.



On 13 March 2023, the trial court entered an order awarding Plaintiff alimony and attorney's fees. The trial court again found that Plaintiff "is and has been actually substantially dependent upon Defendant for her maintenance and support," and that Defendant is a supporting spouse. Accordingly, and upon extensive findings of fact, the trial court ordered Defendant to pay Plaintiff $5,500.00 per month for one year and eight months, then $3,000.00 per month for six years and four months, and then $1,000.00 per month for four years. Defendant filed timely notice of appeal.