Degree v. Degree
Court of Appeals of North Carolina
1Opinion of the Court
MARTIN, Judge.
The issue on appeal is whether the District Court of Guilford County should have assumed jurisdiction, in this case, to enforce alimony provisions of the 1978 separation agreement. We conclude the court had no jurisdiction to hear the matter of alimony enforcement.
Plaintiffs “supplemental complaint” was clearly a motion in the cause to modify the alimony provisions of the 1978 separation agreement. However, the separation agreement was not incorporated into a court order, but rather remained a contract between, the parties. As such, it was enforceable only as an ordinary…
2Cases cited5 opinions
- Bunn v. BunnSupreme Court of North Carolina · 1964
- Fuchs v. FuchsSupreme Court of North Carolina · 1963
- Collins v. CollinsCourt of Appeals of North Carolina · 1973
- McKaughn v. McKaughnCourt of Appeals of North Carolina · 1976
- State v. FisherSupreme Court of North Carolina · 1967
3Cited by4 opinions
- Bluebird Corp. v. AubinCourt of Appeals of North Carolina · 2008
- DeGree v. DeGreeCourt of Appeals of North Carolina · 1985
- DANAI v. DANAICourt of Appeals of North Carolina · 2004
- Morrow v. MorrowCourt of Appeals of North Carolina · 1991