North Carolina § 50-16 - 11: Repealed by Session Laws 1995, c. 319, s. 1.

§ 50-16. 11: Repealed by Session Laws 1995, c. 319, s. 1.

Editor's Note. - Session Laws 1995, c. 319, which repealed this section, in section 12 provides that this act applies to civil actions filed on or after that date, and shall not apply to pending litigation, or to future motions in the cause seeking to modify orders or judgments in effect on October 1, 1995. This section, prior to the repeal by Session Laws 1995, c. 319, read as follows: " Judgment that a supporting spouse is not liable for alimony. "If a final judgment is entered in any action denying alimony because none of the grounds specified in G.S. 50-16.2 exists, upon motion by the supporting spouse, the court shall enter a judgment against the spouse to whom the payments were made for the amount of all alimony paid by the supporting spouse to that spouse pending a final disposition of the case. In addition, upon motion by the supporting spouse, if a final judgment is entered in any action denying alimony because none of the grounds specified in G.S. 50-16.2 exists, the court may enter a judgment against the spouse to whom the payments were made for the amount of alimony pendente lite paid by the supporting spouse to that spouse pending a final disposition of the case. When there has been judgment entered granting permanent alimony, after a prior denial of alimony pendente lite upon the same allegations, the court may enter judgment against the supporting spouse and in favor of the dependent spouse in an amount equal to the monthly permanent alimony awarded multiplied by the number of months between entry of the prior order denying alimony pendente lite and entering of the final judgment. "A judgment awarded against a dependent spouse under this section may not be satisfied by setting off any award of child support to the dependent spouse."