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Tag Archives: Consent Order

Domestic Relations – Separation Agreement & Property Settlement – Equitable Distribution Waiver – Civil Practice – Subject Matter Jurisdiction – Consent Order (access required)

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 Nevertheless, they later agreed to a consent order that altered their property rights; in effect, they rescinded the agreement.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.

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Workers’ Compensation – Consent Order – Motion to Set Aside – Mutual Mistake – Average Weekly Wage – Mistake of Law (access required)

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).

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Domestic Relations – Alimony – Termination – Cohabitation – Consent Order – Property Settlement – Reciprocity Provision (access required)

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.

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Civil Practice – Contempt – Consent Order – Real Property – Receiver – Income & Expenses – Ability to Comply – Ability to Purge (access required)

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.

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Domestic Relations – Civil Practice – Contempt – Property Settlement – Consent Order – Real Property – Mortgages (access required)

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.

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Domestic Relations – Consent Order – Parent & Child – Death Benefits – Constructive Trust (access required)

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.

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