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SCHUMACHER v. SCHUMACHER

No. 9128DC1303.

426 S.E.2d 467 (1993)

109 N.C. App. 309

Richard SCHUMACHER, Plaintiff/Appellant, v. Mary Elizabeth SCHUMACHER, Defendant/Appellee.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Robert E. Riddle, P.A. by Robert E. Riddle, Asheville, for plaintiff/appellant.

Marvin P. Pope, Jr., P.A. by Marvin P. Pope, Jr., Asheville, for defendant/appellee.

LEWIS, Judge.

Plaintiff filed a civil summons and complaint against defendant on 10 June 1991 seeking a judgment of absolute divorce and modification of child support previously set forth in a separation agreement. In her answer defendant counterclaimed for anticipatory breach of the separation agreement and asserted that only upward modification of child support payments was permissible. After several continuances and extensions of time, a hearing was held on 26...

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