Rose v. Rose

VAUGHN, Chief Judge.

It is now recognized in North Carolina that a contractual obligation to pay support arising out of a separation agreement which has not been incorporated into a court order may be equitably enforced by an order of specific performance enforceable through contempt proceedings. Moore v. Moore, 297 N.C. 14, 252 S.E. 2d 735 (1979); McDowell v. McDowell, 55 N.C. App. 261, 284 S.E. 2d 695 (1981). The issue in this case is whether defendant’s contractual obligation to make monthly payments for a period of five years arising out of a property settlement provision of a separation…