July 2022 | No. COA21-508 (N.C. Ct. App. 2022)

Kubica v. Morgan (North Carolina 2022)

A court has jurisdiction to hear a claim for child support within a child custody proceeding. The father filed to modify custody. The modified order granted primary physical custody to the mother. She then filed a motion to modify child support. The father filed to dismiss the motion, arguing the court had no jurisdiction to hear child support within a custody proceeding. The trial court denied the motion. The father appealed, arguing the trial court lacked subject matter jurisdiction over the child support issue. The court of appeals affirmed. The North Carolina statute that governs custody and support clearly allows for both issues to be addressed in one civil action. While the statute lists different ways an action for custody and support can be brought, it is not an exhaustive list.

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