Clements v. CLEMENTS EX REL. CRAIGE, 219 N.C. App. 581

Married Feb 15, 1997; separated Jul 4, 2004; one child born Jan 5, 1998; custody with plaintiff since separation.
Original district court actions included divorce, equitable distribution, child custody and child support; guardian ad litem investigated defendant’s competency.
Clerk adjudicated defendant incompetent Feb 27, 2008; guardians appointed; GAL later appointed to represent defendant’s interests on custody and support issues.
Trial court granted summary judgment on equitable distribution; custody resolved by consent; only child support remained by June 2011.
Defendant moved to dismiss for lack of subject matter jurisdiction; district court denied; defendant appealed; issues were set for an eventual district court hearing in 2012.
Court concluded district court retained original jurisdiction and Clerk did not have exclusive jurisdiction over child support involving an incompetent ward, creating concurrent jurisdiction with the Clerk.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is interlocutory and affects a substantial right.	Clements argues denial is interlocutory and not a substantial right.	Clements contends the order affects a substantial right and is appealable.	The denial affects a substantial right; appellate jurisdiction exists.
Whether the Clerk or the district court has subject matter jurisdiction to hear child support for an incompetent ward.	Clements contends Clerk exclusive jurisdiction over incompetents’ estates.	Clements argues district court original jurisdiction governs child support.	District court has original concurrent jurisdiction; Clerk lacks exclusive jurisdiction over child support.

Goldston v. American Motors Corp., 326 N.C. 723 (1990) (no right of immediate appeal from interlocutory orders)
Veazey v. Durham, 231 N.C. 357 (1950) (interlocutory review requires substantial right)
Cline v. Teich, 92 N.C.App. 257 (1988) (exclusive jurisdiction over incompetent estates; distinguish when custodial disputes arise)
McKoy v. McKoy, 202 N.C.App. 509 (2010) (clerk’s exclusive jurisdiction over incompetency-related issues; distinguish caselaw)
In re H.L.A.D., 184 N.C.App. 381 (2007) (concurrent jurisdiction when multiple courts may hear matters)
Latta v. Trustees of the General Assembly of the Presbyterian Church, 213 N.C.462 (1938) (protects dependent child interests in financial matters)
Griffin v. Griffin, 118 N.C.App. 400 (1995) (concurrent jurisdiction; post-termination placement considerations)