Opinion

Transylvania County Department of Social Services Ex Rel. Dowling v. Connolly

  • 115 N.C. App. 34
  • 443 S.E.2d 892
  • 1994 N.C. App. LEXIS 545
Court
Court of Appeals of North Carolina
Filed
Jun 7, 1994
Status
Published
Author
Greene
On the bench
John, Greene
Cited by
3 cases
Authority
More cited than 6.4%

holding that where child support arrearages could not be modified retroactively under Georgia law, “the trial court erred in modifying the Georgia support order by forgiving defendant for the accrued arrearages”

How later courts described this case

  • holding that where child support arrearages could not be modified retroactively under Georgia law, “the trial court erred in modifying the Georgia support order by forgiving defendant for the accrued arrearages”
  • explaining that Georgia child support order was “entitled to full faith and credit to the extent it represents past due child support payments which are vested.”
  • under Georgia law, refusing to give credit for checks sent to the child when the custodial parent did not have access to the funds and the child used the money to buy “Nintendo games and things of that nature”

Written by the judges who cited it.

The opinion

Judge Greene

concurring.

I write separately only to emphasize the difference between a retroactive modification of a child support order and a credit on a child support obligation. These differences apply not only in Georgia, but also in North Carolina. Retroactive modification of past due child support is prohibited. See N.C.G.S. § 50-13.10(a), (b) (1987). Credits on a court-ordered child support obligation are permitted if the oblig- or has substantially complied with the child support order. See Homer H. Clark, Jr., The Law of Domestic Relations in the United States § 17.3, at 748 (2d ed. 1988) [hereinafter Clark] (distinguishing between credits and modifications); Goodson v. Goodson, 32 N.C. App. 76, 81 , 231 S.E.2d 178, 182 (1977) (credit on child support obligation permitted where “equitable considerations” exist). For example, payments made by a third party to the custodian may be credited against the support obligation. Clark at 748-49. For another example, when the obligor fails to make payments as ordered but makes payments directly to the child, no credit is allowed unless the custodial parent consents. Clark at 749; see Pieper v. Pieper, 108 N.C. App. 722, 730 , 425 S.E.2d 435, 439 (1993). Furthermore, as for payments to third parties for expenses incurred on behalf of the child, credit is more likely if the expense is incurred “with the consent or at the request of the parent with custody.” Goodson, 32 N.C. App. at 81 , 231 S.E.2d at 182 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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