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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA02-358 NORTH CAROLINA COURT OF APPEALS Filed: ROWAN COUNTY DEPARTMENT OF SOCIAL SERVICES, o/b/o MARY H. HARRISON, Plaintiff, v. JERRY L. HAMILTON, Defendant. Appeal by plaintiff from orders entered 24 August 2001 and 7 January 2002 by Judge Charles E. Brown in Rowan County District Court. Heard in the Court of Appeals 12 November 2002. Rowan County No. 01-CVD-1119 17 December 2002

Robert A. Lester for plaintiff-appellant. Carole Carlton Brooke for defendant-appellee. MARTIN, Judge. Plaintiff Rowan County Department of Social Services, on behalf of Mary H. Harrison ("Harrison"), appeals the entry of orders denying its request for reimbursement from defendant Jerry L. Hamilton for past paid public assistance and dismissing its motion for a new trial or amendment to the prior order as untimely served on defendant. We affirm the order of the trial court

denying plaintiff's request for reimbursement for past paid public assistance, but reverse the dismissal of plaintiff's motion for a

-2new trial or amendment to the order and remand for consideration of that motion on the merits. Defendant and Harrison were married from 1979 until 1990; two children were born of the marriage. On 19 January 1995, an order

was entered in Rowan County District Court awarding defendant exclusive care, legal custody, and control of the two children. In a related matter, on 22 March 1995, the Iredell County District Court entered an order determining defendant had legal custody of the children effective 18 January 1995, and that from 1 September 1994 through 18 January 1995, defendant had temporary custody of the children. The order suspended defendant's child support

obligation effective 10 March 1995, and noted defendant's arrears on AFDC and non-AFDC payments were zero. On 1 November 1995, the

Rowan County District Court entered an order modifying the prior arrangement and giving legal custody and control of one child to defendant and the other to plaintiff. The order terminated

defendant's child support obligation effective 21 September 1995. The order provided that thereafter, Harrison would exclusively support one child and would not be entitled to seek reimbursement for support expenses for that child after 21 September 1995. Likewise, defendant was obligated to support the other child exclusively and would not be permitted to seek reimbursement for support expenses after that date. On 24 May 2001, plaintiff moved to intervene in the matter and to reinstate defendant's child support obligation and obtain

reimbursement for any past paid public assistance for both children

-3pursuant to G.S.

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