Williams v. Williams

Judge WYNN

dissenting.

I respectfully dissent from the majority’s conclusion that the sheriff in this case did not neglect to serve process as required by N.C. Gen. Stat. § 1A-1, Rule 4(h). In view of the legislature’s command in N.C. Gen. Stat. § 50-13.4(b) that the “father and mother shall be primarily liable for the support of a minor child,” I conclude that the General Assembly did not intend Rule 4(h) to be a bar to mothers who are attempting to serve fathers who fail to pay child support.

I agree with the majority that the correct definition for “neglect” as it is used in Rule 4(h) is “to…