Cunningham v. Cunningham

Judge Smith

dissenting.

I disagree with the two central precepts of the majority opinion. I believe we are bound by existing case law, which states with clarity that dependency may be reconsidered at a modification hearing. And, I agree with the trial court’s conclusion that no change of circumstances, as a matter of law, has occurred.

I. Reconsideration of Dependency

It appears that any question concerning reconsideration of dependency was settled by Marks v. Marks, 316 N.C. 447, 461, 342 S.E.2d 859, 867 (1986). Marks is analytically identical to the instant case, in that it involves an alimony…