SMART v. STATE EX REL. ALBEMARLE

No. COA08-1286.

678 S.E.2d 720 (2009)

Curtis W. SMART, Plaintiff, v. The STATE of North Carolina, by and through the ALBEMARLE CHILD SUPPORT ENFORCEMENT AGENCY, ex. rel., Nicole Marie SMART, Defendant.

Court of Appeals of North Carolina.

July 7, 2009.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Lisa Bradley Dawson, for the State.

The Twiford Law Firm, P.C., by Edward A. O'Neal, Moyock, for plaintiff-appellant.


STROUD, Judge.

This case presents the sole question of whether the child support provision in a voluntary separation agreement which is incorporated into the final divorce decree can be judicially modified based solely on events occurring after execution of the separation agreement but before entry of the final divorce decree which incorporated the separation agreement. Because we answer negatively, we affirm.

I. Background

On 21 October 1997, plaintiff...

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