Powers v. Powers

In Powers v. Powers, 103 N.C. App. 697, 407 S.E.2d 269 (1991), the parties entered into a consent judgment which provided that the defendant would pay for the parties' child's college education. The trial court found defendant to be in contempt for failing to comply with this provision, and additionally awarded plaintiff attorney's fees. On appeal, the Court vacated the award of attorney's fees on the grounds that the case "involved neither a child support order (the child support provision under the consent judgment expired when the child reached 18 years of age and the provision here was made separate and apart from the child support provision) nor an equitable distribution award." Powers at 707, 407 S.E.2d at 276.