Summary
holding in one paragraph decision that children are proper parties in an action for an accounting for support payments
Summary of this case from Chen v. ChenOpinion
No. 8021DC1103
Filed 18 August 1981
Divorce and Alimony 24 — separation agreement — father not entitled to accounting for support A father is not entitled to an accounting from the mother for sums paid to her for support of the children pursuant to a separation agreement.
APPEAL by defendant from Alexander, Judge. Order entered 22 August 1980 in District Court. FORSYTH County. Heard in the Court of Appeals 6 May 1981.
House, Blanco and Randolph, P.A., by Clyde C. Randolph, Jr., for plaintiff appellee.
Graham, Glenn, Crumpler and Habegger, by William T. Graham, for defendant appellant.
Defendant appeals from an order denying and dismissing his motion to compel plaintiff to render an accounting for sums paid her by defendant as child support pursuant to the provisions of a separation agreement.
A father is not entitled to an accounting from the mother for sums paid to her for support of the children pursuant to a consent judgment. Tyndall v. Tyndall, 270 N.C. 106, 153 S.E.2d 819 (1967); Zande v. Zande, 3 N.C. App. 149, 164 S.E.2d 523 (1968). No reason appears for a different rule when such sums are paid pursuant to a separation agreement rather than a consent judgment. The cases cited indicate that the cause of action for misuse of the money paid pursuant to a consent judgment arises on behalf of the children rather than the father. The children, as third party beneficiaries of the contract between the parents, would likewise be the proper parties in an action for an accounting for money paid pursuant to a separation agreement.
Affirmed.
Chief Judge MORRIS and Judge WEBB concur.