HENRY B. ROWE v. MARY W. ROWE, 74 N.C. App. 54

Summary

The North Carolina Supreme Court remanded the action to the trial court to determine whether the consent order providing for alimony to the wife was an integral part of a property settlement between the parties. On remand, the trial court decided that it was, and concluded that the consent order accordingly was not modifiable under § 50-16.9(a). The court affirmed and held that the parties negotiated a domestic settlement over an eight-month period through a series of proposals and counter-proposals made via letters exchanged by their lawyers. The first two letters contained no mention of proposed "alimony" or support payments. Yet, to remaining letters each contained a proposal for "alimony," or periodic payments. The letters reflected the parties' intent that the terms concerning the "alimony" payments and the property division were given for each other and were part of one agreement. Thus, the court agreed with the trial judge's finding that the letters expressly indicated an intent...