Asher v. Asher
Asher v. Asher
Opinion of the Court
The sole issue is whether the trial court erred in granting defendant’s motion for summary judgment. Plaintiffs contention that summary judgment was improperly granted is based on there being a material fact in issue: whether plaintiffs income was known at the time of the consent order in the URESA action. We agree and find that summary judgment was improperly granted.
The original judgment requiring support was entered in Maryland on 7 July 1981. The action for increased support was instituted in North Carolina on 1 December 1981. Plaintiffs action is grounded in a change of circumstances occurring since 7 July 1981. Defendant contends the changes relied upon by the plaintiff occurred prior to 7 July 1981, and by his affidavit seeks to show that the reduction in plaintiffs income occurred on 20 May 1981, and the need for orthodontic work for one of the children was known to the plaintiff or revealed in her URESA affidavit filed 9 March 1981. Both alleged changes of circumstances had taken place prior to 7 July 1981 and were set forth in plaintiffs answers to interrogatories and her affidavit. Only those changes which occur subsequent to the order of support can qualify for the change of circumstances necessary to amend the original award. Crosby v. Crosby, 272 N.C. 235, 158 S.E. 2d 77 (1967).
On the other hand, plaintiff in her affidavit contends the loss of this income was not known to the Assistant State’s Attorney
Based on our decision herein, we need not address plaintiffs remaining assignment of error at this time.
The judgment of the trial judge is
Reversed and the case remanded for trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.