Bottomley v. Bottomley

WHICHARD, Judge.

I

“Any parent . . . having custody of a minor child, or bringing an action or proceeding for the custody of such child” may institute an action for child support. N.C. Gen. Stat. 5043.4(a). Such an action may be maintained by motion in the cause in an action for divorce. N.C. Gen. Stat. 5043.5(b)(5). Thus, plaintiff-husband, as a parent seeking custody in this proceeding, could seek to have his child support obligation determined through a motion in the cause in the divorce action. He was not precluded from doing so by the fact that the court had not previously entered orders…