Barber v. Barber

Summary

The Supreme Court held that a North Carolina money judgment for accrued alimony was entitled to full faith and credit in Tennessee. The Court concluded that North Carolina law did not clearly authorize modification or recall of an unconditional judgment for overdue alimony, even though future alimony orders could be modified. The Tennessee Supreme Court's judgment was reversed.

Holdings

1. The unconditional North Carolina judgment for accrued alimony, which adjudicated a definite debt and directed execution, was entitled to full faith and credit in Tennessee.
2. North Carolina's statutory authority to modify or vacate an order for future alimony did not extend to an unconditional judgment for overdue installments on which execution had been ordered.

Questions Presented

1. Whether Tennessee was required under the Full Faith and Credit Clause and implementing federal statute to recognize and enforce a North Carolina money judgment for accrued alimony.
2. Whether North Carolina law made the judgment for accrued alimony subject to retroactive modification or recall, such that the judgment lacked the finality required for interstate enforcement.
3. Whether the Supreme Court needed to decide whether the rule concerning modifiable decrees for future alimony also applies to subsequently entered money judgments for accrued alimony.

Disposition

reversed