Opinion
File No.: CN18-04518 Petition No.: 18-25137
09-04-2019
Re: L v. B
M A. L K B
LETTER DECISION AND ORDER
(Petition for Divorce - Alimony and Court Costs) Dear Parties:
The Court conducted a hearing on the ancillary matters of alimony, attorney's fees, and court costs retained by Respondent K B ("B "). Present for the hearing was Petitioner M L ("L ") and B . Each party testified. Neither party had other witnesses. Based upon the testimony presented, the Court denies the request for alimony and court costs as B has the ability to earn, and according to his testimony does earn, more than his listed reasonable needs. The request for attorney's fees is denied as there were no attorney's fees incurred.
Alimony in divorce and annulment actions is governed by 13 Del.C. §1512. The intent of alimony is to assist dependent litigants in becoming financially self-supportive. When a marriage has lasted less than twenty years, alimony may be awarded for one-half the length of the marriage. Alimony may be awarded only if s/he is a dependent party after consideration of all of the relevant factors in 13 Del.C. §1512(c) in that s/he is dependent upon the other party for support, lacks sufficient property to provide for his/her reasonable needs, and is unable to support himself or herself through appropriate employment.
B testified that he used to earn $3,000 per month as a licensed contractor in Delaware performing renovations to bathrooms and kitchens. Additionally, B is an artist who occasionally will sell his works. B testified that the last sale was for $2,400 approximately two years ago. B introduced one exhibit of a two page printout from his bank account. B testified that he pays his aunt $700 per month to rent the lower level of her home on E th Street in . He stated that his other expenses are generally listed on the printout. The exhibit supports the claim of rent at $700 per month. B had no other documentary proof of recurring ordinary expenses but stated that he has $650 of regular expenses for a total monthly expenditure of $1,350.
L presented exhibits showing her income and tax information. She earns $5,000 per month and has $1,330 in taxes which gives her $3,670 of available income. L testified from her documents that were not introduced showing that she has a total of $2,750 in expenses solely related to herself and an additional $1,300 in expenses for her mother and her dependent children not of this marriage. L has a small surplus of $912 per month. B questioned L on child support stating that she receives $1,000 per month in support which is entirely offset by the amounts that she actually spends on the children.
B gave up his Delaware work to move to New York after the divorce. Since he was licensed only in Delaware, he needs to obtain a N Y license to perform work similar to his Delaware job. B testified that he is a subcontractor earning $17.50 per hour and that he works 30 hours per week. In contradictory testimony, B stated that his earns $1,800 per month while his admitted hours and subcontractor rate would indicate that he can earn not less than $2,200 per month. Whether he actually earns $1,500 per month as he claims, or earns $2,200 per month under his New York rate, or is attributed at $3,000 per month at his Delaware rate, B has a surplus each month of not less than $150. B is not dependent upon L for support.
The Court finds that B is not dependent upon L for support. While he lacks sufficient property to provide for his reasonable needs if such had been documented, the evidence introduced indicates that he has a small surplus at present. B is quite capable of supporting himself through appropriate employment. His decision to move to New York at a net loss of $1,500 per month is not reasonable under the circumstances. B currently has completed some of the requirements for a N Y license and continues to work. He stated that the standard of living was better in Delaware but given that the length of this marriage was 21 months, the Court does not afford this factor much weight. The parties are 43 and 42 respectively and in good health making it possible for them to work at full potential. B did not enjoy teaching in the US and decided to become a contractor at approximately the same income level. The ability of L to meet her own needs while paying alimony is questionable but it appears that she has some ability to meet a deficiency if one existed. There are no tax consequences in this action.
Based upon the evidence presented and considering all of the factors in 13 Del.C. §1512(b) and (c), the Court denies the request for alimony and court costs.
This is a final order.
IT IS SO ORDERED.
/s/Michael W . Arrington
MICHAEL W. ARRINGTON
JUDGE cc: File Date Mailed: 9/4/19