Legal Opinion · Dissent

Beasley v. Beasley

Court of Appeals of North Carolina

Decided July 18, 1978No. 771DC771Published

1Dissent

Judge MARTIN

dissenting.

An order awarding or increasing child support must be based not only on the needs of the child, but also on the ability of the father to meet these needs. Holt v. Holt, 29 N.C. App. 124, 223 S.E. 2d 542 (1976). Thus, paramount to the validity of any child support order is the trial court’s finding, from the evidence presented, that the father currently possesses the ability to pay the amount awarded. This Court is bound by such a finding only if it is supported by competent evidence in the record. Sawyer v. Sawyer, 21 N.C. App. 293, 204 S.E. 2d 224 (1974).

Within the…

2Cases cited2 opinions

  1. Holt v. HoltCourt of Appeals of North Carolina · 1976
  2. Sawyer v. SawyerCourt of Appeals of North Carolina · 1974

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