Jackson v. Jackson

610 S.E.2d 731, 169 N.C. App. 46, 2005 N.C. App. LEXIS 563
CourtCourt of Appeals of North Carolina
DecidedMarch 15, 2005
DocketCOA04-666
StatusPublished
Cited by6 cases

This text of 610 S.E.2d 731 (Jackson v. Jackson) 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
Jackson v. Jackson, 610 S.E.2d 731, 169 N.C. App. 46, 2005 N.C. App. LEXIS 563 (N.C. Ct. App. 2005).

Opinions

BRYANT, Judge.

Judith Lynn Jackson (plaintiff-ex-wife) appeals from an order filed 1 March 2004, denying and dismissing her claim for specific per[47]*47formance pursuant to a separation agreement entered into with Fred H. Jackson, Jr. (defendant-ex-husband).

Plaintiff and defendant were married on 3 November 1981. Two children were born to the marriage; respectively, Jo-Von Jackson, born 24 August 1984 and Jan-Quil Jackson, bom 2 March 1993. On or about 1 December 2001, the parties separated and on 19 December 2001 sighed a separation agreement. The separation agreement provided for child custody, child support, alimony, and equitable distribution. On 21 March 2003, the parties divorced, but the terms of the separation agreement were not incorporated into the divorce judgment.

Plaintiff filed this action on 17 June 2003, seeking specific performance of the separation agreement; specifically alleging that defendant failed to pay the correct amount of child support, failed to name plaintiff as beneficiary on a life insurance policy, and failed to pay the correct amount of military retirement pay to plaintiff. On 19 September 2003, defendant answered and counterclaimed for rescission of the separation agreement on the grounds that the separation agreement was vague, contradictory, and inconsistent.

This matter came for hearing at the 9 February 2004 civil session of Cumberland County District Court with the Honorable Kimbrell Kelly Tucker presiding. By order filed 1 March 2004, the trial court denied plaintiff’s claims and defendant’s counterclaim, and dismissed the complaint, ruling that the separation agreement was “vague, null and void, unenforceable, and is hereby set aside.” Plaintiff gave timely notice of appeal.

The issues on appeal are whether: (I) the separation agreement was enforceable as written and could have been enforced had the trial court considered the intent of the parties in construing the separation agreement; (II) the triai court erred in voiding the entire contract, instead of striking only portions of the separation agreement, in light of the fact that the separation agreement contained a sever-ability clause; and (III) the trial court erred in failing to consider any parol evidence or evidentiary representations on the issues claimed to be vague, inconsistent or omitted to determine the intent of the parties.

I

Plaintiff first argues that the trial court committed reversible error by holding that the separation agreement was so vague, incon[48]*48sistent, and contained such omissions as to render the separation agreement null and void as a matter of law. Moreover, plaintiff argues that the separation agreement was enforceable as written and could have been enforced had the trial court considered the intent of the parties in construing the separation agreement.

Separation agreements that have not been ratified by a court, are not enforceable as court orders, but rather are governed by the general principles of contracts. See Oakley v. Oakley, 165 N.C. App. 859, 861, 599 S.E.2d 925, 927 (2004); Gilmore v. Garner, 157 N.C. App. 664, 666, 580 S.E.2d 15, 17-18 (2003) (“Questions relating to the construction and effect of separation agreements between a husband and wife are ordinarily determined by the same rules which govern the interpretation of contracts generally.”). With all contracts, the goal of construction is to arrive at the intent of the parties when the contract was issued. Wal-Mart Stores, Inc. v. Ingles Mkts., Inc., 158 N.C. App. 414, 418, 581 S.E.2d 111, 115 (2003). The intent of the parties may be derived from the language in the contract. Walton v. City of Raleigh, 342 N.C. 879, 881, 467 S.E.2d 410, 411 (1996).

To constitute a valid contract, the terms of the contract require sufficient certainty and specificity with regard to material terms1. Rosen v. Rosen, 105 N.C. App. 326, 328, 413 S.E.2d 6, 7 (1992). “A contract, and by implication^] a provision, leaving material portions open for future agreement is nugatory and void for indefiniteness. . . . Consequently, any contract provision . . . failing to specify either directly or by implication a material term is invalid as a matter of law.” Id.; see Chappell v. Roth, 353 N.C. 690, 692, 548 S.E.2d 499, 500 (2001) (citations omitted) (“For an agreement to constitute a valid contract, the parties’ ‘ “minds must meet as to all the terms. If any portion of the proposed terms is not settled, or no mode agreed on by which they may be settled, there is no agreement.” ’ ”); Creech [49]*49v. Melnik, 347 N.C. 520, 527, 495 S.E.2d 907, 912 (1998) (explaining that no contract results “when there has been no meeting of the minds on the essentials of an agreement”); Normile v. Miller, 313 N.C. 98, 108, 326 S.E.2d 11, 18 (1985) (stating that no contract exists absent a meeting of the minds or mutual assent between the parties).

“The challenge to vagueness in [a] contract goes to its sufficiency as giving rise to a cause of action. Breach of an invalid contract, if that paradox could exist, gives rise to no cause of action.” Williamson v. Miller, 231 N.C. 722, 728, 58 S.E.2d 743, 747 (1950). Thus, “ [i]f the uncertainty as to the meaning of a contract is so great as to prevent the giving of any legal remedy, direct or indirect, there is no contract.” Id.

As noted by the trial court, the separation agreement is insufficient in the following respects:

(1) “Child Support” paragraph reads: “The Husband shall pay to the Wife support for the minor children the sum of $900.00 per month beginning the first day of January, 2002, [a]nd continuing each and every month thereafter until such time as the youngest child reached the age of 20.”

Two children were bom to the marriage more than eight years apart. According to this provision of the separation agreement, defendant will continue to pay child support for both children until the youngest of the two children reaches the age of twenty.

(2) “Hospital. Medical. Dental Insurance” paragraph reads: “The minor children are now covered by the Husband’s health-insurance and the husband shall maintain said coverage on minor children and pay any premiums theron, until said minor children reach age of 21 if not in college or the age of 23 if minor children are attending college.”

The separation agreement is unclear as to whether the coverage is to end for one or both children when either the oldest or youngest child attends college.

(3) “Payment of Medical and Dental Expenses of the Minor Children” paragraph reads: “The Husband shall pay one-half the medical and dental, including orthodontia if needed, expenses of the minor children over and above any medical insurance coverage that may be available.”

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Jackson v. Jackson
610 S.E.2d 731 (Court of Appeals of North Carolina, 2005)

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Bluebook (online)
610 S.E.2d 731, 169 N.C. App. 46, 2005 N.C. App. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-jackson-ncctapp-2005.