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Gray v. Peele

Court of Appeals of North Carolina

August 19, 2014

TAMI L. GRAY, Plaintiff,
v.
DARRELL KEITH PEELE, Defendant

Heard in the Court of Appeals 22 May 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Appeal by defendant from order entered 9 August 2013 by Judge Daniel J. Nagle in Wake County. No. 08 CVD 003713.

DISMISSED.

No brief filed on behalf of plaintiff-appellee.

Elisabeth P. ClaryMs. for intervenor plaintiff-appellee Wake County Child Support Enforcement.

Manning, Fulton & Skinner, P.A., by Michael S. HarrellMr., for defendant-appellant.

Robert N. HUNTER, JR., Judge. Judges ERVIN and DAVIS concur.

OPINION

Page 740

HUNTER, JR., Robert N., Judge.

Darrell Keith Peele (" Defendant" ) appeals from an order denying his motion to modify child support. Defendant contends that the prior child support order entered in 2010 was temporary in nature and that the trial court erred in requiring him to demonstrate that a substantial change in circumstances had taken place since the entry of the existing order. Defendant also challenges the trial court's conclusions and findings of fact. For the following reasons, we dismiss the appeal as interlocutory.

I. Factual & Procedural History

Tami L. Gray (" Plaintiff" ) and Defendant were married on 30 April 1994. During the marriage, Plaintiff and Defendant had one child, L.K.P., who was born in March 1999. Plaintiff and Defendant subsequently divorced.

On 24 October 2000, the Granville County District Court entered a temporary child support order that, pursuant to the North Carolina Child Support Guidelines, required Defendant to pay the presumptive sum of $685.57 per month for the minor child. On 17 April 2001, when the child was 2 years old, the court entered a permanent custody order giving Plaintiff primary physical custody of L.K.P. and Defendant Wednesday evening, alternating weekend, and holiday visitation rights. The custody order also provided that " [t]he parties may exercise such other and further residency periods with the minor child as may be mutually agreed upon by the parties."

On 21 February 2003, the court modified the temporary child support order, requiring Defendant to pay $685.57 per month in accordance with the previous child support order, plus an additional $100 per month towards arrearages. Nearly five years later, in February 2008, the action was transferred to Wake County and an order was entered ...


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