Walker v. Walker

EAGLES, Judge.

The defendant first assigns as error the denial of defendant’s 21 May 1982 motion to dismiss. He alleges that the action filed by plaintiff on 16 February 1978, and its subsequent dismissal with prejudice on 19 July 1978, acted as res judicata in the later action filed by plaintiff on 4 March 1982. A prior action concerning child support is res judicata only as long as the circumstances existing at the time of the prior action have remained the same. See Crosby v. Crosby, 272 N.C. 235, 158 S.E. 2d 77 (1967). “[Neither agreements nor adjudications for the custody or support of a…