Moore v. Moore

VAUGHN, Judge.

The issue in this case is whether this separation agreement, which has not been incorporated into a court order, may be enforced by specific performance. It is apparent that, due to the defendant’s prior history of nonpayment, plaintiff seeks a specific performance decree to compel the defendant to pay under threat of being jailed for contempt. Our courts have previously ruled that separation agreements which have not been incorporated into a judgment cannot be enforced by contempt proceedings. The root of this premise is Article I, Section 28 of the North Carolina Constitution…