Articles Tagged with motion to dismiss

Published on: May 18, 2022

Equitable Distribution Judgments Are Not Modifiable

Dozier v. Dozier, 2022-NCCOA-307 (unpublished) (2022)

In North Carolina, an Equitable Distribution (ED) judgment is a final court-ordered distribution of the marital assets. Unlike child support, alimony, or custody, these are not modifiable upon showing the court that there has been a substantial change in circumstances. A rule 60 motion is one that is essentially asking the court for relief from the judgment entered. There are many grounds for asking relief. In an interesting twist, one party sought to void one particular section of an ED judgment, rather than the whole thing.

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