After signing a voluntary support agreement in 1999 regarding two children he shares with plaintiff Shawna Rackley, Jason Loggins agreed to subsequent modified agreements, despite the absence of requisite motions. Many years and thousands of support dollars later, in 2014, ...

Tagged with: Consent Order Court of Appeals

Gordon v. Gordon (Lawyers Weekly No. 15-16-0054, 15 pp.) (Sam Ervin IV, J.) Appealed from Wake County District Court (Lori Christian, J.) N.C. App. Unpub. Holding: Plaintiff did not mention the parties’ separation agreement (which provided for alimony payments) when ...

Tagged with: Alimony Consent Order

Begley v. Begley In their separation agreement and property settlement (agreement), the parties waived their right to equitable distribution. Nevertheless, they later agreed to a consent order that altered their property rights; in effect, they rescinded the agreement. Therefore, the trial court had jurisdiction to rule on their property rights.

Tagged with: Civil Practice Consent Order Domestic Relations subject-matter jurisdiction

Brown v. City of Burlington Plaintiff sought to set aside a consent order based on a mutual mistake as to the amount of his average weekly wage. Under Swain v. C & N Evans Trucking Co., 126 N.C. App. 332, 484 S.E.2d 845 (1997), the determination of a plaintiff’s average weekly wage is a question of law because it requires application of the definition set forth in G.S. § 97-2(5).

Tagged with: Average Weekly Wage Consent Order mutual mistake Workers Compensation

Turner v. Turner Where a consent order required the defendant-wife to convey 10 acres of a tract of land to the plaintiff-husband, the wife was not in contempt of the consent order because she conveyed the husband 10.62 acres.

Tagged with: Civil Practice Consent Order Domestic Relations Real Property

Turner v. Turner Where a consent order required the defendant-wife to convey 10 acres of a tract of land to the plaintiff-husband, the wife was not in contempt of the consent order because she conveyed the husband 10.62 acres.

Tagged with: Civil Practice Consent Order Domestic Relations Real Property

Underwood v. Underwood Even though the parties’ consent order covered property settlements as well as alimony and stated that its provisions were reciprocal, the mere incantation of the phrase “reciprocal consideration” does not render alimony nonmodifiable. Since the defendant-wife is cohabiting, the trial court correctly terminated the plaintiff-husband’s alimony obligation.

Tagged with: Alimony Cohabitation Consent Order Domestic Relations Property Settlement Termination

Wells Fargo Bank, N.A. v. Winston-Salem Investors, LLC Contrary to defendant’s argument that the consent order permitted defendant to pay the operating expenses of its income-producing real property, the consent order unambiguously provided that defendant was to turn over all income, cash and funds to a receiver who was to “pay all appropriate operating expenses.” Accordingly, defendant’s argument that the consent order is ambiguous lacks merit. We affirm the trial court’s order holding defendant in contempt.

Tagged with: Civil Practice Consent Order Contempt Real Property

Howard v. Flowers A consent order required that the plaintiff-husband pay the defendant-wife $50,000 each April in 2009, 2010 and 2011 and he secure those payments with a note and deed of trust in favor of the wife on the husband’s farm valued at $300,000. The husband failed to make the 2010 payment and, at a show cause hearing, testified that he was unwilling to execute the note and deed of trust required by the consent order. The husband’s own testimony was sufficient to support the trial court’s finding of willful noncompliance. We affirm the trial court’s order holding the husband in contempt.

Tagged with: Civil Practice Consent Order Contempt Domestic Relations mortgages Property Settlement Real Property

Myers v. Myers A consent order’s requirement that the decedent-father name his third son as a 33 percent beneficiary of the “death benefits” from his employment unambiguously referred not only to the decedent’s life insurance but also to his retirement accounts. We affirm the imposition of a constructive trust on the death benefits from the decedent’s retirement accounts for the benefit of his youngest son, Travis.

Tagged with: Consent Order Constructive Trust death benefits Domestic Relations parent & child