Baumann-Chacon v. Baumann
212 N.C. App. 137
N.C. Ct. App.2011Background
- Beatriz Baumann-Chacon and Karsten Baumann were married on November 5, 1994, with two children remaining from the marriage.
- Plaintiff filed a Wake County District Court complaint on April 29, 2009 seeking temporary and permanent custody, child support, postseparation support, alimony, and attorney's fees, while still living with Defendant.
- Defendant answered July 7, 2009, counterclaiming for custody and child support.
- At the September 9, 2009 hearing, the trial court found the parties resided in Wake County, remained married and cohabiting, and Plaintiff sought to separate but requested temporary orders before moving out.
- The trial court dismissed Plaintiff’s custody and child support claims for lack of subject matter jurisdiction and dismissed the spousal support claim; the court stated there was no physical separation or pending divorce/bed-and-board claim.
- The Court of Appeals reversed in part, holding custody and child support claims may be heard notwithstanding lack of physical separation, but upheld the dismissal of the spousal support claim and remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject matter jurisdiction over custody and child support | Baumann-Chacon argues jurisdiction exists under §50-13.1 and §50-13.5 despite lack of separation. | Baumann contends jurisdiction is lacking absent separation or bed-and-board/divorce proceedings. | Custody and child support subject matter jurisdiction exists; remand for merits. |
| Whether the trial court properly dismissed spousal/postseparation support for lack of jurisdiction | Baumann-Chacon contends postseparation support can be awarded before separation. | Baumann contends postseparation support requires separation per statute. | Dismissal affirmed; postseparation support premised on separation. |
| Proper interpretation of statutory framework governing custody and support without separation | Statutes allow custody and support actions independent of separation or bed-and-board/divorce. | Statutory language requires separation for postseparation relief; custody/supported relief not tied to separation. | Statutes permit custody and child support without prior separation; remand accordingly. |
Key Cases Cited
- Hart v. Thomasville Motors, Inc., 244 N.C. 84 (1956) (subject matter jurisdiction is indispensable foundation for court action)
- In re T.R.P., 360 N.C. 588 (2006) (jurisdictional limits of courts; statutory construction guidance)
- Freeman v. Freeman, 103 N.C.App. 801 (1991) (custody/support actions not strictly tied to separate divorce)
- Harper v. Harper, 50 N.C.App. 394 (1981) (no automatic eviction or no-fault-style relief without proper pleadings)
- Hester v. Hester, 239 N.C. 97 (1953) (postseparation support purpose and timing)