Gill v. Gill

Court of Appeals of North Carolina

Gill v. Gill

222 S.E.2d 754, 29 N.C. App. 20, 1976 N.C. App. LEXIS 2367

CourtCourt of Appeals of North Carolina

DecidedMarch 17, 1976

Docket7510DC807

StatusPublished

Cited by3 cases

This text of 222 S.E.2d 754 (Gill v. Gill) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gill v. Gill, 222 S.E.2d 754, 29 N.C. App. 20, 1976 N.C. App. LEXIS 2367 (N.C. Ct. App. 1976).

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Opinion

ARNOLD, Judge.

Plaintiff contends that the trial court erred in reducing the amount of alimony to be paid by the defendant to plaintiff based on a change of circumstances. We agree.

G.S. 50-16.9(a) provides as follows: “An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.”

The party moving for modification of an award of alimony has the burden of showing a change of circumstances. McDowell v. McDowell, 13 N.C. App. 643, 186 S.E. 2d 621 (1972). In the present case neither party presented evidence, nor is there any finding, as to the circumstances of the parties on which the original award of alimony was based, except the amount which defendant was required to pay. Defendant’s evidence does not establish the original circumstances that existed; therefore it cannot be determined if there has been a change in those circumstances.

*22 Since defendant failed to meet the burden of showing a change in circumstances the order appealed from is in error and is vacated.

Vacated.

Chief Judge Brock and Judge Parker concur.

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ARNOLD, Judge.

Plaintiff contends that the trial court erred in reducing the amount of alimony to be paid by the defendant to plaintiff based on a change of circumstances. We agree.

G.S. 50-16.9(a) provides as follows: “An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.”

The party moving for modification of an award of alimony has the burden of showing a change of circumstances. McDowell v. McDowell, 13 N.C. App. 643, 186 S.E. 2d 621 (1972). In the present case neither party presented evidence, nor is there any finding, as to the circumstances of the parties on which the original award of alimony was based, except the amount which defendant was required to pay. Defendant’s evidence does not establish the original circumstances that existed; therefore it cannot be determined if there has been a change in those circumstances.

*22 Since defendant failed to meet the burden of showing a change in circumstances the order appealed from is in error and is vacated.

Vacated.

Chief Judge Brock and Judge Parker concur.

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Bluebook (online)

222 S.E.2d 754, 29 N.C. App. 20, 1976 N.C. App. LEXIS 2367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-gill-ncctapp-1976.

Opinion

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