Hill v. Hill

Judge COZORT

concurring in part and dissenting in part.

I dissent with that portion of the majority opinion which holds that the trial court erred in making the alimony increase retroactive with interest from the date when the case was first scheduled to be heard. I concur with the remainder of the majority opinion.

In finding no basis to support a retroactive alimony increase, the majority relies heavily on Vincent v. Vincent, 38 N.C. App. 580, 248 S.E.2d 410 (1978). The majority has extracted from the Vincent opinion the doctrine that there can be no retroactive modification of alimony…