Simmons v. Simmons

PARKER, Judge.

In his sole assignment of error, plaintiff contends the lower court erred in concluding as a matter of law that it should not forgive the arrearage of $2,928.50. We disagree.

This Court has previously held that the noncustodial parent is not entitled as a matter of law to a credit against accrued ar-rearage in child support for expenses incurred while the child was with the noncustodial parent. Goodson v. Goodson, 32 N.C. App. 76, 231 S.E. 2d 178 (1977). Each case must be decided upon its own facts, and the guiding principle is whether an injustice would exist if a credit is not…