Allison v. Allison

WHICHARD, Judge.

Defendant contends the court erred in ordering that the consent order continues to be valid and enforceable in favor of plaintiff with a balance due of $13,440.00, because the court thereby determined questions not presented by plaintiffs motion. The court’s findings of fact, however, indicate that defendant contended at the hearing that he was relieved, under G.S. 50-16.9(b), from making the payments by virtue of plaintiffs remarriage. By so contending, defendant himself raised the issue of the continuing validity and enforceability of the order. “[I]t is well settled that…