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COBLE v. COBLE

No. 7926DC205.

261 S.E.2d 34 (1979)

44 N.C. App. 327

Larry Eugene COBLE v. Cheryl Banks COBLE (Klassette).

Court of Appeals of North Carolina.

December 18, 1979.

Attorney(s) appearing for the Case

Levine, Goodman & Pawlowski by Paul L. Pawlowski, Charlotte, for plaintiff-appellee.

Bryant, Hicks & Sentelle by Richard A. Elkins, Charlotte, for defendant-appellant.

PARKER, Judge.

Defendant's assignments of error are directed to the trial court's finding of fact that the defendant is capable of providing child support and to its conclusion that the plaintiff is entitled to an award of $180.00 per month in child support. The initial question presented is whether defendant-mother has any legal duty to provide support for her children. G.S. 50-13.4(b) provides in part:

In the absence of pleading and proof that circumstances...

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