Catawba County ex rel. Rackley v. Loggins

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A district court has jurisdiction to modify a child support order without a party filing a motion to modify asserting that there is a change in circumstances.Catawba County, by and through its Child Support Agency, ex rel. Shawna Rackley (Plaintiff) failed to file a motion to modify a child support order. The district court concluded that a motion to modify a child support obligation must precede a modification order. The Court of Appeals affirmed, concluding that the district court did not have jurisdiction because Plaintiff failed to comply with the procedural mandates of N.C. Gen. Stat. 50-13.7(a). The Supreme Court reversed, holding that Plaintiff’s failure to file a motion to modify Defendant’s child support obligation did not divest the district court of jurisdiction to modify the child support order under section 50-13.7(a). View "Catawba County ex rel. Rackley v. Loggins" on Justia Law