Smith v. Smith8/17/1993
84 N.C. App. 471, 353 S.E.2d 427. This Court, in reviewing the treatment of marital debts and postseparation payments made towards those debts, has approved the apportioning of debts between the parties, Geer, 84 N.C. App. 471, 353 S.E.2d 427; ordering one spouse to reimburse the other spouse for payments made towards the debts, Bowman, 96 N.C. App. 253, 385 S.E.2d 155; Rawls, 94 N.C. App. 670, 381 S.E.2d 179; consideration of postseparation payments as a distributional factor, Haywood v. Haywood, 106 N.C. App. 91, 415 S.E.2d 565 (1992), rev'd in part and remanded on other grounds, 333 N.C. 342, 425 S.E.2d 696 (1993); Fox v. Fox, 103 N.C. App. 13, 404 S.E.2d 354 (1991); and Miller v. Miller, 97 N.C. App. 77, 387 S.E.2d 181 (1990); "crediting" a spouse in an appropriate manner for postseparation payments made, Hendricks v. Hendricks, 96 N.C. App. 462, 386 S.E.2d 84 (1989), cert. denied, 326 N.C. 264, 389 S.E.2d 113 (1990); McLean, 88 N.C. App. 285, 363 S.E.2d 95; and Hunt v. Hunt, 85 N.C. App. 484, 355 S.E.2d 519 (1987); and actual use of a credit, Smith v. Smith, 104 N.C. App. 788, 411 S.E.2d 197 (1991). Additionally, our Supreme Court impliedly approved the use of a credit as a means of taking into consideration postseparation payments made towards marital debts in Wiencek-Adams v. Adams, 331 N.C. 688, 417 S.E.2d 449 (1992).
Determination of the appropriate treatment of marital debts and postseparation payments made towards those debts depends
upon the particular facts of each case and is left to the discretion of the trial court, included within the discretion afforded the court generally in determining what constitutes an equitable distribution. White v. White, 312 N.C. 770, 324 S.E.2d 829 (1985); Edwards v. Edwards, 110 N.C. App. 1, 428 S.E.2d 834 (1993); Rawls, 94 N.C. App. 670, 381 S.E.2d 179; Geer, 84 N.C. App. 471, 353 S.E.2d 427. "A ruling committed to a trial court's discretion is to be accorded great deference and will be upset only upon a showing that it was so arbitrary that it could not have been the result of a reasoned decision." White, 312 N.C. at 777, 324 S.E.2d at 833.
Looking first at the court's treatment of defendant's postseparation mortgage payments and payment of property taxes, we find no abuse of discretion in the court's decision not to give defendant a credit, or reimbursement, for the interest portion of his mortgage payments. The court's decision not to give defendant a credit for that portion of his payments was not arbitrary but instead was a reasoned decision, as shown by the findings of fact. See White, 312 N.C. 770, 324 S.E.2d 829. We further find no abuse of discretion in the court's decision to reimburse defendant in full, by way of a credit, for his payment of the property taxes due on the marital home. Plaintiff contends that since defendant had the use of the home after the date of separation and received the home in t
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