Minges v. Minges

MARTIN (Robert M.), Judge.

Defendant contends there was insufficient evidence of a change in the children’s circumstances and needs to support the order directing him to make child support payments greater than provided in the separation agreement.

The terms of a separation agreement providing for payments by a parent for the support of his or her children are not binding on a court. Williams v. Williams, 261 N.C. 48, 134 S.E. 2d 227 (1964). In Fuchs v. Fuchs, 260 N.C. 635, 133 S.E. 2d 487 (1963), the Supreme Court held that in the absence of evidence to the contrary, there is a presumption…