Teague v. Teague, 700
| Decision Date | 29 November 1967 |
| Docket Number | No. 700,700 |
| Citation | 157 S.E.2d 649,272 N.C. 134 |
| Parties | Martha Laughlin TEAGUE v. Roger Edgar TEAGUE. |
| Court | North Carolina Supreme Court |
B. Gordon Gentry, G. C. Hampton, Jr., Greensboro, for plaintiff appellee.
Cahoon & Swisher, Greensboro, for defendant appellant.
The record does not disclose the county in which plaintiff and defendant were divorced. Presumably the divorce was secured in Guilford County. The place, however, is immaterial, for the court in which an action for alimony without divorce (G.S. § 50--16) was instituted does not lose its custody jurisdiction to the court of another county in which an action for divorce is subsequently filed. In re Custody of Sauls, 270 N.C. 180, 154 S.E.2d 327; Blankenship v. Blankenship, 256 N.C. 638, 124 S.E.2d 857. Defendant's contention that Judge Hasty lacked jurisdiction of the motion is without merit.
A court order affecting the custody or support of a minor child may always be modified when changed circumstances so require. G.S. § 50--13; G.S. § 50--16; 2 Lee, N.C. Family Law § 153 (1963). The record discloses that since Judge Armstrong made his order on 16 March 1966, changed conditions have affected the welfare of the two children. That order was, therefore, subject to modification by Judge Hasty. The facts which he found are supported by competent evidence and are binding on this Court. Williams v. Williams, 261 N.C. 48, 134 S.E.2d 227.
The amount which defendant should pay to plaintiff for the support of their two children was a matter for the trial judge's determination, reviewable only in case of an abuse of discretion. Rowland v. Rowland, 253 N.C. 328, 116 S.E.2d 795. The court had plenary authority to order defendant to turn over to plaintiff, for the use of the children, the home which the parties owned. Sguros v. Sguros, 252 N.C. 408, 114 S.E.2d 79; Wright v. Wright, 216 N.C. 693, 6 S.E.2d 555. Under the facts here disclosed, the arrangement appears to have been appropriate. Even with shelter thus provided for them, the sum of $30.00 a week ($1,560.00 a year) for the support of two school children, aged 17 and 12 respectively, will provide only minimum sustenance. Under all the circumstances disclosed, defendant could not reasonably expect to pay less.
Plaintiff's application for a modification of Judge Armstrong's order was necessitated by defendant's refusal to consider plaintiff's request for additional support for the children. Having thus forced her to apply...
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Spence v. Durham
...the facts which the trial judge found are supported by competent evidence they are binding on the appellate division. Teague v. Teague, 272 N.C. 134, 157 S.E.2d 649 (1967); Hinkle v. Hinkle, 266 N.C. 189, 146 S.E.2d 73 (1966); Griffin v. Griffin, 237 N.C. 404, 75 S.E.2d 133 We hold that com......
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Stanback v. Stanback
...welfare of the child and, therefore, is not final in nature. Crosby v. Crosby, 272 N.C. 235, 158 S.E.2d 77 (1967); Teague v. Teague, 272 N.C. 134, 157 S.E.2d 649 (1967). Consequently, the jurisdiction of the court entering such a decree continues as long as the minor child whose custody is ......
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Boyd v. Boyd, 8526DC1033
...in the payment of plaintiff's counsel fees would, if otherwise authorized under G.S. 50-13.6, be appropriate. See Teague v. Teague, 272 N.C. 134, 157 S.E.2d 649 (1967). For other reasons, however, the trial court's order with respect to attorney's fees must be vacated and that issue remande......
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Blackley v. Blackley
...affecting the child's welfare is properly established, the Court may modify prior custody decrees. G.S. § 50--13.7; Teague v. Teague, 272 N.C. 134, 157 S.E.2d 649; In re Herring, 268 N.C. 434, 150 S.E.2d 775; Stanback v. Stanback, Supra; Thomas v. Thomas, Supra; In re Means, 176 N.C. 307, 9......