Miller v. Miller
Miller v. Miller
Opinion of the Court
Defendant’s sole argument on appeal is that the district court erred by denying his Rule 60(b) motion for relief from the order for involuntary assignment of his wages. He contends that the court lacked jurisdiction over his person because he never received proper notice of the proceedings or service of process. We disagree.
Divorce actions in which alimony is awarded are not ended merely by the rendition of judgment. “Such actions are always open for motions in the cause ... for the enforcement of the order for alimony.” Barber v. Barber, 216 N.C. 232, 234, 4 S.E.2d 447, 448 (1939). Consequently, a plaintiff seeking enforcement of an order for alimony need not serve the defendant with a new summons. Simply serving him with notice of the motion for enforcement is sufficient. Id. Unless otherwise ordered by the court, G.S. 1A-1, Rule 5(b) allows service of notice of written motions by service on the defendant’s attorney of record. Griffith v. Griffith, 38 N.C. App. 25, 247 S.E.2d 30, disc. rev. denied, 296 N.C. 106, 249 S.E.2d 804 (1978).
The judgment of the district court is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.