Court of Appeals of North Carolina, 1981

Glenn v. Glenn

Court of Appeals of North Carolina · Decided August 18, 1981 · Morris, Webb, Whichard

53 N.C. App. 515; 281 S.E.2d 83; 1981 N.C. App. LEXIS 2618

Cases that cite this one

4 later published cases cite this decision.

Chen v. Chen (Pa. 2006)
Weber, B. v. Weber, M. v. Weber, M. (Pa. Super. Ct. 2017)
Weber v. Weber (Pa. Super. Ct. 2017)
Trunzler v. Trunzler (Miss. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WHICHARD, Judge.

A father is not entitled to an accounting from the mother for sums paid to her for support of the children pursuant to a consent *516judgment. Tyndall v. Tyndall, 270 N.C. 106, 153 S.E. 2d 819 (1967); Zande v. Zande, 3 N.C. App. 149, 164 S.E. 2d 523 (1968). No reason appears for a different rule when such sums are paid pursuant to a separation agreement rather than a consent judgment. The cases cited indicate that the cause of action for misuse of the money paid pursuant to a consent judgment arises on behalf of the children rather than the father. The children, as third party beneficiaries of the contract between the parents, would likewise be the proper parties in an action for an accounting for money paid pursuant to a separation agreement.

Affirmed.

Chief Judge Morris and Judge Webb concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.