Ratton v. Ratton

HEDRICK, Chief Judge.

To modify an order for alimony, a party must meet the requirements of G.S. 50-16.9(a). This section specifically excludes from its application all orders for the payment of alimony “entered by consent” prior to 1 October 1967. A mutually executed confession of judgment, like the one herein involved, is an “orde[r] entered by consent” as described in G.S. 50-16.9(a). This Court has so held in Yarborough v. Yarborough, 27 N.C. App. 100, 106, 218 S.E. 2d 411, 415 (1975). Since defendant’s motion for an increase was predicated on an order for the payment of alimony entered by…