O'CONNOR v. Zelinske ( 2008 )

MARTIN, Chief Judge,

concurring.

I fully concur in the majority opinion and write separately only to emphasize that our decision should not be read as being inconsistent with the holding of Sain v. Sain, 134 N.C. App. 460, 517 S.E.2d 921 (1999), i.e. that the trial court properly refused to consider a disability payment received on behalf of a minor child as income to the noncustodial parent in determining that parent’s child support obligation. To the extent the Court directed, on remand, the trial court to direct that the disability payment be made to the custodial parent, such direction was not necessary to a determination of the issue before the Court, was dicta, and is not binding on the specific issue addressed in Section II of the majority opinion in the present case.