Hunt v. Hunt

784 S.E.2d 219, 246 N.C. App. 475, 2016 WL 1320807, 2016 N.C. App. LEXIS 361
CourtCourt of Appeals of North Carolina
DecidedApril 5, 2016
Docket15-900
StatusPublished
Cited by2 cases

This text of 784 S.E.2d 219 (Hunt v. Hunt) 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
Hunt v. Hunt, 784 S.E.2d 219, 246 N.C. App. 475, 2016 WL 1320807, 2016 N.C. App. LEXIS 361 (N.C. Ct. App. 2016).

Opinion

ZACHARY, Judge.

*475 Where the New Hanover Child Support Enforcement Agency possessed an unconditional statutory right to intervene in the ongoing support dispute pending between plaintiff and defendant, the trial court did not err in permitting the agency to intervene as a matter of right.

*221 I. Factual and Procedural Background

April R. Hunt (plaintiff) and Jeffrey H. Hunt (defendant) were married on 28 November 1992, had two children, and separated on 20 March 2010. Plaintiff initiated this action in New Hanover County District Court on 10 December 2010, seeking post-separation support and permanent alimony, an equitable distribution of the parties' marital assets with an unequal division in her favor, temporary and permanent primary custody of the parties' minor children, retroactive and prospective child support, *476 and attorney's fees. On 25 February 2011, defendant, then a resident of Texas, filed a responsive pleading in which he moved to dismiss plaintiff's complaint, generally denied the allegations of plaintiff's complaint, and in his counterclaim sought temporary and permanent custody of the children, and court costs. On 9 March 2011, plaintiff filed her reply to defendant's counterclaim. On 16 March 2011, the trial court entered an order denying defendant's motion to dismiss. 1 On 17 March 2011, the trial court adopted and approved the temporary consent order negotiated by the parties, which provided that defendant pay temporary child support and 80% of the minor children's uninsured medical expenses, together with the minor children's tuition, medical and dental coverage, orthodontia cost and cellular phone coverage. Defendant was also required to pay $3,000 in retroactive child support and $2,000 in plaintiff's attorney's fees.

The parties divorced on 26 August 2011. On 28 September 2011, plaintiff filed a motion to compel defendant to respond to interrogatories and to produce requested documents. On 6 October 2011, the trial entered a consent order, granting the parties joint legal custody of the minor children, with plaintiff having primary physical custody of the minor children and defendant having secondary physical custody of the minor children, setting forth a visitation schedule, providing that defendant pay $1,500 per month in child support, and requiring defendant to supply the documents requested in plaintiff's motion to compel. Plaintiff agreed to dismiss her motion to compel.

On 6 May 2013, the trial court entered its order granting an unequal division of the marital estate in favor of plaintiff. The trial court also ordered payment by defendant of, inter alia, $2,000 for plaintiff's attorney's fees, various medical and orthodontic bills, the children's school tuition and fees, permanent alimony in the amount of $800 per month, and $8,000 delinquent alimony. On 5 June 2013, defendant filed notice of appeal from this order.

On 6 May 2014, this Court entered an unpublished opinion on defendant's appeal from the trial court's 6 May 2013 order. We affirmed the portion of order of the trial court awarding alimony, but remanded the portion concerning equitable distribution and attorney's fees, with instructions to the trial court to make adequate findings on those issues.

*477 Hunt v. Hunt, ---N.C.App. ----, 759 S.E.2d 712 (unpublished), disc. review denied, 367 N.C. 524 , 762 S.E.2d 443 (2014). On 24 October 2014, the trial court entered an order on remand containing additional findings of fact on the equitable distribution claim and attorney's fees.

On 26 June 2013, defendant moved for a change of custody. On 30 September 2013, he withdrew this motion.

On 6 November 2013, the trial court entered an "Order on Contempt" (the 2013 contempt order), finding that defendant had "wilfully [sic] failed and refused, without justification or excuse, to abide by the terms of the May 6, 2013 Order" in that he failed to pay his monthly alimony obligations, delinquent alimony, and attorney's fees, despite having the ability to do so. On 3 December 2013, the trial court entered an order for defendant's arrest based upon the 2013 contempt order.

On 16 September 2014, this Court entered an unpublished opinion on defendant's appeal from the 2013 contempt order. We held that there was competent evidence to support the *222 trial court's findings that defendant's failure to pay ongoing alimony payments was willful, but that there was not competent evidence to support the trial court's findings that defendant's failure to pay delinquent alimony or attorney's fees was willful. We also reaffirmed our previous ruling that the issue of attorney's fees was not properly before us. The Court therefore affirmed in part, remanded in part, and dismissed in part the trial court's order. Robbins v. Hunt, --- N.C.App. ----, 765 S.E.2d 556 (2014) (unpublished). On 29 October 2014, the trial court entered an order on remand containing additional findings of fact with respect to defendant's ability to pay delinquent alimony and attorney's fees, finding defendant in contempt and requiring him to pay a total of $13,200 in delinquent alimony and attorney's fees.

On 12 September 2014, plaintiff filed a motion to show cause against defendant for his continuing failure to pay alimony and attorney's fees, and for the additional attorney's fees necessary to prosecute this contempt action. On 22 September 2014, plaintiff filed another motion to show cause. On 26 September 2014, the trial court issued a show cause order, requiring defendant to show cause as to why he should not be held in contempt of court. On 29 October 2014, the trial court entered another order, this one entitled "Order on Contempt" and "Order on Attorney's Fees" (the 2014 contempt order). This order found defendant in willful contempt of the 6 May 2013 order due to defendant's failure to pay alimony, and required him to pay $10,400 to purge himself of his contempt. It further required the payment of $750 in attorney's fees for *478 the prosecution of this issue, and $1,900 in attorney's fees in connection with the appeal.

On 2 November 2014, plaintiff applied for child support services from the New Hanover Child Support Enforcement Agency (CSEA). On 3 December 2014, CSEA filed a motion to intervene, determine support arrears, and redirect support payments.

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Cite This Page — Counsel Stack

Bluebook (online)
784 S.E.2d 219, 246 N.C. App. 475, 2016 WL 1320807, 2016 N.C. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-hunt-ncctapp-2016.