In Re the Adoption of Anderson

Judge LEVINSON

concurs with separate opinion.

I agree with the majority opinion insofar as it concludes that “providing” payments of support under the consent statute, N.C.G.S. § 48-3-601 (2003), can include offers of support that are made available, yet rebuffed by the mother. However, I disagree with the standard the majority employs to address indirect payments of support as opposed to direct payments of support.

The majority reasons that the offer by the mother of the putative father “to house [the expectant mother] during the pregnancy does not suffice as tangible or actual support unless there was evidence *422that the putative father was providing financial aid to induce the mother’s offer of assistance.” (emphasis added). In my view, requiring a nexus between a putative father’s contribution towards his mother’s household expenses with the reason his mother offers housing to the expectant mother is neither supported by the relevant consent statute nor well-grounded in reason.

Where supported by the evidence and documented through findings of fact, a putative father’s payments of, e.g., rent to his mother and/or payments of household utilities, could be considered “payments” under the consent statute. Indeed, such means of indirect support can be as tangible and essential as any direct payments of cash to the expectant mother.

However, it does not follow that a trial court must determine the motivating reason for the putative father’s mother’s offer of housing when objectively evaluating whether the putative father has provided support to the expectant mother. Maybe the putative father’s mother did so only after requiring her son to contribute to the household needs. Perhaps she would offer housing to the expectant mother no matter what. Whatever the reason, it is irrelevant in an analysis of the support prong codified in G.S. § 48-3-601, which makes the relevant inquiry whether the putative father, during the relevant time period, provided support consistent with his means.

As was the case in the appeal presented in In re Adoption of Byrd, 354 N.C. 188, 552 S.E.2d 142 (2001), aff’g 137 N.C. App. 623, 529 S.E.2d 465 (2000), the trial court in the instant case made no findings related to whether Mr. Avery provided financial support to the household of his mother. Moreover, the parties have neither assigned error nor briefed this issue, and the majority’s suggestion that “inducement” be examined when a putative father’s mother offers housing to the expectant mother is not essential to its opinion. Thus, as this appeal does not implicate a connection between a putative father’s support of his mother’s household and his mother’s offer to house the expectant mother, the “inducement” standard suggested by the majority to evaluate indirect payments of support is dicta and is not binding on our trial courts.