Pieper v. Pieper, 368 S.E.2d 422 (N.C. Ct. App. 1988). · Go Syfert
Pieper v. Pieper, 368 S.E.2d 422 (N.C. Ct. App. 1988). Cases Citing This Book View Copy Cite
15 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Cavallari v. Martin (vt, 1999-05-07)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Cavallari v. Martin (2×)
Vt. · 1999 · confidence medium
See Jennings v. DeBussy, 707 A.2d 44, 46 (Del.Fam.Ct.1997) (under RURESA, court would not register Massachusetts order that extended child support until child reached twenty-three years of age because obligor lived in Delaware and Delaware law terminates child support at eighteen); Pieper v. Pieper, 90 N.C.App. 405 , 368 S.E.2d 422, 424 (App.), aff'd, 323 N.C. 617 , 374 S.E.2d 275 , 276 (1988) (out-of-state order providing support until child reaches twenty-two years of age can not be enforced *744 under RURESA beyond age eighteen cut-off applicable under North Carolina law).
cited Cited as authority (rule) Pieper v. Pieper
N.C. Ct. App. · 1993 · confidence medium
App. at 407 , 368 S.E.2d at 424 (emphasis added).
discussed Cited "see" Haker-Volkening v. Haker
N.C. Ct. App. · 2001 · signal: see · confidence high
See Pieper v. Pieper, 90 N.C.
discussed Cited "see" Welsher v. Rager (2×)
N.C. Ct. App. · 1997 · signal: see · confidence high
See Pieper v. Pieper, 90 N.C.
Retrieving the full opinion text from the archive…
LORIS M. PIEPER, Petitioner/Appellant
v.
GARY L. PIEPER, Respondent/Appellee
8726DC1110.
Court of Appeals of North Carolina.
May 31, 1988.
368 S.E.2d 422
Attorney General Lacy H. Thornburg, by Assistant Attorney General T. Byron Smith, for petitioner. , Petree Stockton & Robinson, by Peter E. Lane and David B. Hamilton, for respondent.
Wells, Hedrick, Cozort.
Cited by 6 opinions  |  Published
WELLS, Judge.

The question is whether petitioner may use URESA as a vehicle to enforce in our State a foreign support decree which could not have been rendered under North Carolina law. The district court made, inter alia, the following findings of fact:

1. Mr. Pieper has been a resident of North Carolina since 1975.
2. Mr. and Mrs. Pieper entered no agreement for the payment of support for their son beyond the age of eighteen years.
3. N.C. Gen. Stat. § 52A-8 provides in part as follows: “Duties of support applicable under this Chapter are those imposed or imposable under the laws of any state where the obligor was present during the period or any part of the period for which support is sought.”
4. Pursuant to N.C. Gen. Stat. § 5043.4(c), payments ordered for the support of a child terminate when the child reaches the age of eighteen, with two exceptions which are inapplicable in this case.

Based on the facts found the district court concluded as follows:

1. Pursuant to N.C. Gen. Stat. § 52A-8, the duties of support of Mr. Pieper in this action are those imposed or imposable under the laws of North Carolina.
2. The duties of support which Mrs. Pieper seeks to enforce in this action are not imposable and cannot be imposed under the laws of North Carolina, and the Iowa foreign support orders which have been registered cannot be enforced by this Court.
3. Because the duties of support sought to be enforced by Mrs. Pieper in this action cannot be enforced by this Court, this action should be dismissed.

[*407] We agree with the conclusions of the trial court, and we therefore affirm the dismissal of petitioner’s enforcement action.

N.C. Gen. Stat. § 52A-8 clearly provides that it is the law of the state where the obligor is found, the “responding state,” that applies in actions under URESA. See, e.g., 2 R. E. Lee, North Carolina Family Law § 169 at 340 (4th ed. 1980); see also, W. J. Brockelbank and F. Infausto, Interstate Enforcement of Family Support 30-36 (2d ed. 1971). In the absence of an enforceable contract, North Carolina courts are without authority to order child support for a child who has attained the age of majority, Bridges v. Bridges, 85 N.C. App. 524, 355 S.E. 2d 230 (1987), with two exceptions which are not applicable in this case. In North Carolina a child reaches his majority at age eighteen. N.C. Gen. Stat. § 48A-2. Thus, petitioner’s Iowa supplemental decree imposes upon respondent a support duty not imposable under North Carolina law and hence not enforceable under our URESA. Only support decrees that could have been rendered under the laws of our State can be enforced via URESA in North Carolina. Cf. Shaw v. Shaw, 25 N.C. 53, 212 S.E. 2d 222 (1975).

Petitioner contends that child support payments are within the protection of the full faith and credit clause of the federal constitution unless the rendering state has the power to annul or modify the decree as to overdue and unsatisfied installments. We do not disagree. While there is no question that petitioner remains free to seek enforcement of her foreign judgment via alternative, well-trodden legal routes, see, e.g., Sistare v. Sistare, 218 U.S. 1, 30 S.Ct. 682, 54 L.Ed. 905 (1910); Fleming v. Fleming, 49 N.C. App. 345, 271 S.E. 2d 584 (1980), plaintiff did not pursue such routes in this case.

Affirmed.

Chief Judge Hedrick and Judge COZORT concur.