Legal Opinion

Wyatt v. Wyatt

Court of Appeals of North Carolina

Decided October 1, 1975No. 7525DC369PublishedCited by 1 opinion

1Opinion of the Court

MARTIN, Judge.

Where parties to a separation agreement agree upon the amount for the support and maintenance of their minor children, there is a presumption, in the absence of evidence to the contrary, that the amount mutually agreed upon is just and reasonable. Fuchs v. Fuchs, 260 N.C. 635, 133 S.E. 2d 487 (1963). However, no agreement or contract, between husband and wife will serve to deprive the courts of their inherent as well as- statutory authority to protect the interests and provide for the welfare of infants. They may bind themselves by a separation agreement or by a consent…

2Cases cited2 opinions

  1. Fuchs v. FuchsSupreme Court of North Carolina · 1963
  2. Crosby v. CrosbySupreme Court of North Carolina · 1967

3Cited by1 opinion

  1. Foy v. FoyCourt of Appeals of North Carolina · 1982

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