(DOWNLOAD) "White V. White" by Supreme Court of North Carolina # eBook PDF Kindle ePub Free

eBook details

Title: White V. White
Author : Supreme Court of North Carolina
Release Date : January 16, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Plaintiff wife filed a motion in the cause to increase certain periodic payments made to her by defendant husband under an earlier consent judgment. On motion of defendant, the district court dismissed plaintiff's motion without a hearing on the grounds that (1) the consent judgment was not modifiable, and (2) even if it was, plaintiff had failed to make a sufficient allegation of changed circumstances to support modification. The Court of Appeals, with one judge dissenting, reversed the order of the district court, concluding (1) there is nothing on the face of the earlier consent judgment to preclude modification, (2) plaintiff's motion alleges sufficient grounds to support modification, and (3) plaintiff is entitled to a hearing on her motion. We agree with the majority of the Court of Appeals and affirm.