Cavenaugh v. Cavenaugh

BRANCH, Chief Justice.

The Court of Appeals, in affirming the trial judge’s order, disposed of defendant’s primary arguments by concluding that they were not raised by his exceptions and assignments of error. We hold that defendant’s exceptions and assignments of error do raise the issues argued by him in this appeal.

Defendant first assigns as error the failure of the trial judge to make findings concerning his ability to pay before ordering specific performance of the separation agreement. Defendant also argues that the trial judge erred in ordering him to pay into the office of the clerk of…