Walker v. Walker

WHICHARD, Judge.

The principal issue is whether temporary resumption of the marital relationship requires the court to grant a motion, pursuant to G.S. 1A-1, Rule 60(b)(4), to have declared void a judgment ordering payment of child support. We hold it does not.

On 20 September 1977 plaintiff obtained a judgment against defendant which awarded custody of the parties’ minor child to plaintiff and ordered defendant to pay child support. On 28 July 1981 plaintiff moved that defendant be required to show cause why he should not be punished as for contempt for his willful failure to comply with that…