Henderson v. Henderson

MARTIN (Harry C.), Judge.

Once again this Court is asked to determine the effects of a consent judgment in a domestic relations setting. It is defendant’s contention that because the agreement contemplates a full and final settlement, the terms of which are unmodifiable absent consent of the parties, a fortiori, the judgment is unenforceable by contempt. And, if contract law applies to the agreement, then by its terms a breach by the plaintiff would excuse performance by the husband. Wheeler v. Wheeler, 299 N.C. 633, 263 S.E. 2d 763 (1980).

From our review of the law involving consent judgments…