199 N.C. App. 101 - Carson v. Carson’s Empirical Analysis
2009
Citation profile
9
cited by 9 later decisions
1
states following
September 2014
most recently cited
9 state decisions
Relationships
Relies on Ridge Community Investors, Inc. v. Berry · Fuchs v. Fuchs · Hudson v. Hudson · Williams v. Williams · Taylor v. Taylor
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The distinction between two types of retroactive support is pertinent sub judice. In the absence of an existing child support order, an amount of child support awarded prior to the date a party files a complaint therefor is properly classified as retroactive child support and is not based on the presumptive Guidelines. Although prospective child support based upon the presumptive Guidelines requires no factual findings regarding the child’s reasonable needs or the supporting parent’s ability to pay, the trial court must set out specific findings of fact in a reimbursement award for retroactive support, so as to reflect the court’s consideration of the reasonably necessary actual expenditures under G.S. § 50-13.4(c) made on behalf of the child as well as the defendant’s ability to pay during the period in the past for which retroactive support is sought. The second type of retroactive child support is that involved herein, i.e., a retroactive increase in the amount provided in an existing support order.”
1 later decision quote this exact passage“Nowhere in the statute does the legislature authorize the Conference to override existing case law in formulating the Guidelines. Although the Guidelines are formulated by the Conference of Chief District Judges pursuant to authority granted them by the legislature in N.C. Gen. Stat. § 50-13.4 (cl), the Conference is not a legislative body, and the Guidelines are not codified in the North Carolina General Statutes. . . . Therefore, we find that if the trial court follows the Guidelines in awarding retroactive child support in cases involving unincorporated separation agreements, instead of controlling case law, the court is in error.”
1 later decision quote this exact passage“[i]n cases involving a parent’s obligation to support his or her child for a period before a child support action was filed (i. e., cases involving claims for “retroactive child support” or “prior maintenance”), a court may determine the amount of the parent’s obligation (a) by determining the amount of support that would have been required had the guidelines been applied at the beginning of the time period for which support is being sought, or (b) based on the parent’s fair share of actual expenditures for the child’s care....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.