Bendel v. Bendel

CourtCourt of Appeals of North Carolina
DecidedNovember 19, 2025
Docket25-209
StatusUnpublished

This text of Bendel v. Bendel (Bendel v. Bendel) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bendel v. Bendel, (N.C. Ct. App. 2025).

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA25-209

Filed 19 November 2025

Guilford County, No. 20 CVD 002841-400

GRADY W. BENDEL, JR., Plaintiff,

v.

PEPPER BENDEL, Defendant.

Appeal by Defendant from order entered 16 January 2024 by Judge Tabatha

Holliday in Guilford County District Court. Heard in the Court of Appeals 27 August

2025.

Morrow, Porter, Vermitsky and Taylor, PLLC, by John C. Vermitsky and Rebecca Costello, for Plaintiff–Appellee.

Parent Defender Wendy C. Sotolongo, by Assistant Parent Defender Jacky Brammer, for Defendant–Appellant.

MURRY, Judge.

Pepper Bendel (Defendant) appeals the trial court’s 16 January 2024 order

finding her in civil contempt. For the reasons below, this Court (1) dismisses as void

Defendant’s purported stipulation to contempt, (2) affirms the trial court’s

adjudication of contempt, and (3) affirms the trial court’s award of attorneys’ fees,

but(4) remands for further factfinding on Plaintiff’s means to defray the cost of this BENDEL V. BENDEL

Opinion of the Court

action.

I. Background

Grady W. Bendel, Jr. (Plaintiff) and Defendant married in 2004, had two minor

children, and divorced in 2020. On 29 January 2021, Plaintiff and Defendant signed

a consent order, in which Defendant agreed to pay Plaintiff $451 in monthly child

support and for one-half of the children’s uninsured living expenses (First Order).

Defendant also stipulated to telemarketing employment with an approximate

monthly income of $1,750.

On 7 March 2022, the parties entered into a second consent order that awarded

Plaintiff sole custody of their children (Second Order). In the Second Order, the trial

court found that Plaintiff was an “interested party acting in good faith,” without

“adequate funds . . . to pay the expenses” of his counsel’s representation; thus, the

trial court awarded Plaintiff attorneys’ fees against Defendant. On 22 December

2022, Plaintiff moved for contempt, attorneys’ fees, and a show-cause order. Plaintiff’s

motion also requested that the trial court hold Defendant her in contempt for failure

to comply with the prior Orders, and award Plaintiff “additional” attorneys’ fees and

costs “incurred and necessitated by” that “willful contempt.” That same day, the trial

court ordered Defendant to appear at a show-cause hearing on 3 January 2023.

The trial court continued the show-cause hearing date five times over the

following year. After the final continuance on 25 September 2023, the trial court

ordered Defendant to (1) pay Plaintiff $1,000 by 29 September 2023 and an additional

-2- BENDEL V. BENDEL

$1,000 by 6 October 2023, (2) complete and document a 60-place job search, (3) comply

with Plaintiff’s subpoena issued six months prior for tax returns and other financial

documents, and (4) resume her mandatory child-support payments going forward

(Third Order).

On 14 November 2023, the trial court held the show-cause hearing with both

Plaintiff and Defendant present and represented by counsel. At the hearing,

Defendant’s counsel informed the trial court that Defendant had remitted to Plaintiff

a $6,033.09 cashier’s check “in full compliance with the current arrears . . . due” as of

that day. The trial court confirmed that the check would bring Defendant “in

compliance of the past[-]due or early arrears” through November 2023. Defendant’s

counsel also reported that Defendant had tax returns to present in compliance with

Plaintiff’s subpoena and that she had made a “good[-]faith effort to get employment”

by interviewing for a job and expecting to start work there. He then conveyed

Defendant’s “stipulat[ion] to contempt.” The trial court confirmed that it would “make

a finding that she stipulates to contempt.”

On 16 January 2024, the trial court entered a contempt order with findings of

fact (FoF) across a broad swath of record subject matter (Contempt Order). Regarding

Defendant’s repeatedly late payment of her required child-support expenses, the

Contempt Order documented that:

9. Defendant ultimately made the $1,000 payments listed above after their due dates. After applying this $5,000 to her past-due child support, Defendant still owes Plaintiff $1,468 as of today’s hearing

-3- BENDEL V. BENDEL

and has another $451 child-support payment due 1 December 2023. .... 15. Defendant failed to pay the $1,000 payments due under the Third Order on 6 October 2023, to complete a 60-place job search and provide documentation, and to comply with the subpoena. 16. Defendant stated she was last employed full time in October 2021. The Court does not find this statement credible, since Defendant was employed in 2020 at the time the Second Order was signed and was employed at least in 2021. 17. Defendant does not report full-time employment, has not started a job, and has the ability to be fully employed, but has not worked since leaving her full-time employment in October 2021. 18. Defendant is capable of earning sufficient income to provide support for the parties’ two minor children. Defendant also worked for a telemarketing firm at the time of the First Order and earned an average monthly income of $1,750. Defendant also received $31,000 from Plaintiff as part of their 2021 Equitable Distribution settlement. 19. After months of not paying, Defendant has come up with two large sums through the help and assistance of her significant other to catch up on child support. .... 31. Defendant has the means and ability to pay an award of additional attorneys’ fees that Plaintiff has incurred to enforce compliance with the First, Second, or Third Orders of the Court. The amount of $6,500 is reasonable for attorneys’ fees for Defendant to pay to Plaintiff related to enforcing these Orders of the Court.

(Quotation modified.) Regarding Defendant’s repeated noncompliance with court

orders to-date, the Contempt Order also documented that:

21. Defendant has not taken reasonable steps to comply with the Previous Orders. 22. Defendant’s actions have been willful and without legal justification or excuse. As of the previous Orders and now, Defendant has the means and ability to comply or to take reasonable steps to comply with them. 23. The previous Orders are valid court orders that remain in full force

-4- BENDEL V. BENDEL

and effect, the purpose of which may still be served by compliance with them. 24. Defendant violated the First Order by willfully failing to timely pay her regular monthly child-support payments to Plaintiff, and by willfully failing to pay her portion of uninsured medical expenses incurred by Plaintiff on behalf of their two minor children. 25. Defendant violated the Second Order by willfully failing to pay attorneys’ fees as ordered by the Court. 26. Through the help and assistance of her significant other, Defendant delivered a cashier’s check in the amount of $6,033.09 in full payment of the total past-due and current child support and attorneys’ fee payments due as of today. .... 27. Defendant violated the Third Order by failing to complete a 60- place job search and provide documentation, by refusing to pay the child support payments ordered by the Court, and by refusing to comply with the subpoena attached to the Third Order. 28.

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