Legal Opinion

Allen v. Allen

Court of Appeals of North Carolina

Decided April 1, 1970No. 7014DC129PublishedCited by 5 opinions

1Opinion of the CourtVaughN, J.

A court order affecting the custody or support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. G.S. 50-13.7(a). The original decree ordering the payment of money is an adjudication of the court as to what was reasonable and proper at the time it was made. The burden of proving, by preponderance of the evidence, that a material change in the circumstances has occurred, is upon the party requesting the modification. 2 Lee, N. C. Family Law, § 153, p. 230.

The court’s findings of fact…

2Cases cited2 opinions

  1. Teague v. TeagueSupreme Court of North Carolina · 1967
  2. King v. National Union Fire Insurance CompanySupreme Court of North Carolina · 1963

3Cited by5 opinions

  1. BLACK HORSE RUN PROP. OWNERS ASSOCIATION-RALEIGH, INC. v. KaleelCourt of Appeals of North Carolina · 1987
  2. Garlock v. Wake County Board of EducationCourt of Appeals of North Carolina · 2011
  3. Willis v. BowersCourt of Appeals of North Carolina · 1982
  4. Garlock v. WAKE COUNTY BD. OF EDUC.Court of Appeals of North Carolina · 2011
  5. Sherrill v. SherrillCourt of Appeals of North Carolina · 1970

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