Alamance County Hospital, Inc. v. Neighbors

FRYE, Justice.

The sole issue before this Court is whether a non-custodial parent making child support payments pursuant to a judicial decree or order cannot as a matter of law be liable to a third party provider of non-emergency medical services given to that parent’s minor child in the absence of a contractual agreement between the non-custodial parent and the third party provider. We hold that the payment of child support does not necessarily bar such a suit.

I

The defendants in this action, “Price Neighbors” 1 and Bette Howard, were divorced in 1970. Defendant mother was awarded sole custody…