Glenn v. Glenn

Court of Appeals of North Carolina

Glenn v. Glenn

281 S.E.2d 83, 53 N.C. App. 515, 1981 N.C. App. LEXIS 2618

CourtCourt of Appeals of North Carolina

DecidedAugust 18, 1981

DocketNo. 8021DC1103

StatusPublished

Cited by5 cases

This text of 281 S.E.2d 83 (Glenn v. Glenn) 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

Glenn v. Glenn, 281 S.E.2d 83, 53 N.C. App. 515, 1981 N.C. App. LEXIS 2618 (N.C. Ct. App. 1981).

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Opinion

WHICHARD, Judge.

A father is not entitled to an accounting from the mother for sums paid to her for support of the children pursuant to a consent [516]*516judgment. Tyndall v. Tyndall, 270 N.C. 106, 153 S.E. 2d 819 (1967); Zande v. Zande, 3 N.C. App. 149, 164 S.E. 2d 523 (1968). No reason appears for a different rule when such sums are paid pursuant to a separation agreement rather than a consent judgment. The cases cited indicate that the cause of action for misuse of the money paid pursuant to a consent judgment arises on behalf of the children rather than the father. The children, as third party beneficiaries of the contract between the parents, would likewise be the proper parties in an action for an accounting for money paid pursuant to a separation agreement.

Affirmed.

Chief Judge Morris and Judge Webb concur.

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WHICHARD, Judge.

A father is not entitled to an accounting from the mother for sums paid to her for support of the children pursuant to a consent [516]*516judgment. Tyndall v. Tyndall, 270 N.C. 106, 153 S.E. 2d 819 (1967); Zande v. Zande, 3 N.C. App. 149, 164 S.E. 2d 523 (1968). No reason appears for a different rule when such sums are paid pursuant to a separation agreement rather than a consent judgment. The cases cited indicate that the cause of action for misuse of the money paid pursuant to a consent judgment arises on behalf of the children rather than the father. The children, as third party beneficiaries of the contract between the parents, would likewise be the proper parties in an action for an accounting for money paid pursuant to a separation agreement.

Affirmed.

Chief Judge Morris and Judge Webb concur.

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Bluebook (online)

281 S.E.2d 83, 53 N.C. App. 515, 1981 N.C. App. LEXIS 2618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-glenn-ncctapp-1981.

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