Beasley v. Beasley

Supreme Court of North Carolina

Beasley v. Beasley

251 S.E.2d 433, 296 N.C. 580, 1979 N.C. LEXIS 1203

CourtSupreme Court of North Carolina

DecidedFebruary 5, 1979

DocketNo. 66

StatusPublished

Cited by1 cases

This text of 251 S.E.2d 433 (Beasley v. Beasley) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beasley v. Beasley, 251 S.E.2d 433, 296 N.C. 580, 1979 N.C. LEXIS 1203 (N.C. 1979).

Pincite

Opinion

PER CURIAM.

We have carefully studied the records in this case, the opinions filed in the Court of Appeals and the briefs of the parties. In defense of an order to show cause why he should not be held in contempt defendant husband testified that because of his personal expenses he could not afford to pay child support as ordered; therefore he had not wilfully violated the order. He also testified that from 20 October 1972 until the time of the hearing in district court on 17 June 1977 he had been able to pay $35.00 per week for the support of his two minor children under an earlier court order. Most of this time he earned only $90.00 per week take home pay. On 8 February 1977 the district court increased these support payments to $50.00 per week. At that time, the record [581]*581indicates, defendant was, and has been since, earning $760.00 per month take home pay.

There is no difference between the parties or between the majority and dissenting opinions in the Court of Appeals as to the legal principles which govern this case. The differences lie in the application of the principles to the facts here presented. We believe the opinion of Judge, now Chief Judge, Morris correctly applies proper principles of law to these facts. The decision of the Court of Appeals is, therefore,

Affirmed.

Justices BRITT and BROCK did not participate in the consideration or decision of this case.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We have carefully studied the records in this case, the opinions filed in the Court of Appeals and the briefs of the parties. In defense of an order to show cause why he should not be held in contempt defendant husband testified that because of his personal expenses he could not afford to pay child support as ordered; therefore he had not wilfully violated the order. He also testified that from 20 October 1972 until the time of the hearing in district court on 17 June 1977 he had been able to pay $35.00 per week for the support of his two minor children under an earlier court order. Most of this time he earned only $90.00 per week take home pay. On 8 February 1977 the district court increased these support payments to $50.00 per week. At that time, the record [581]*581indicates, defendant was, and has been since, earning $760.00 per month take home pay.

There is no difference between the parties or between the majority and dissenting opinions in the Court of Appeals as to the legal principles which govern this case. The differences lie in the application of the principles to the facts here presented. We believe the opinion of Judge, now Chief Judge, Morris correctly applies proper principles of law to these facts. The decision of the Court of Appeals is, therefore,

Affirmed.

Justices BRITT and BROCK did not participate in the consideration or decision of this case.

Cite This Page — Counsel Stack

Bluebook (online)

251 S.E.2d 433, 296 N.C. 580, 1979 N.C. LEXIS 1203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beasley-v-beasley-nc-1979.

Opinion

Related

Cite This Page — Counsel Stack