Icenhour v. Icenhour

CourtCourt of Appeals of North Carolina
DecidedApril 16, 2025
Docket24-601
StatusPublished

This text of Icenhour v. Icenhour (Icenhour v. Icenhour) 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
Icenhour v. Icenhour, (N.C. Ct. App. 2025).

Opinion

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA 24-601

Filed 16 April 2025

Caldwell County, No. 11 CVD 1624

JEANNIE ROBERTS ICENHOUR, Plaintiff,

v.

JEFFREY DAVID ICENHOUR, Defendant.

Appeal by Defendant from an order entered 16 April 2024 by Judge Richard S.

Holloway in Caldwell County District Court. Heard in the Court of Appeals 28

January 2025.

Wesley E. Starnes, for Plaintiff-Appellee.

Wilson, Lackey, Rohr & Hall, P.C., by Destin C. Hall, for Defendant-Appellant.

WOOD, Judge.

Defendant appeals from an order entered 16 April 2024 finding there had not

been a substantial change in circumstances to warrant modifying Defendant’s

alimony obligation and finding Defendant in contempt for failure to pay alimony as

ordered. Defendant contends the trial court erred by failing to consider Defendant’s

debt payments and other relevant ultimate facts, by making findings of fact regarding

Defendant’s income and reason for changing employment, by imputing income to

Defendant, and by finding Defendant in contempt. ICENHOUR V. ICENHOUR

Opinion of the Court

I. Factual and Procedural Background

Plaintiff and Defendant were married on 20 June 1987, separated on 23 April

2011, and divorced on 4 June 2014. The parties entered into a consent judgment on

10 January 2012 which resolved all issues, including spousal support and equitable

distribution of the parties’ martial property. Defendant was ordered to pay $1,800.00

per month in alimony to Plaintiff, beginning 1 January 2012, until terminated by one

of the statutory events in N.C. Gen. Stat. § 50-16.9.

In 2014, Defendant filed a motion to modify alimony which was denied by the

trial court. On 15 February 2018, Defendant filed another motion to modify alimony

alleging that his income had been reduced while his expenses were increasing.

Plaintiff sought and received a show cause order on 10 April 2019 based on

Defendant’s alleged failure to fully pay his monthly alimony obligations starting in

January of 2019.

On 17 January 2020, an Order Amending Alimony was entered, modifying

Defendant’s monthly alimony obligation to Plaintiff to $1,700.00 effective 1 January

2020. Plaintiff voluntarily dismissed her motion for contempt.

On 25 August 2020 Plaintiff filed another motion for contempt and show cause

order. A corresponding show cause order was entered the same day.

On 29 December 2020, Defendant filed a motion to modify alimony. The

parties’ motions came on for hearing on 29 March 2022. On 6 June 2022, the trial

court entered orders modifying Defendant’s alimony obligation to $600.00 per month,

-2- ICENHOUR V. ICENHOUR

finding Defendant in civil contempt of the 17 January 2020 order, and requiring

Defendant to pay $100.00 per month towards the arrearage and to pay $1,000.00 to

Plaintiff for attorney’s fees at the rate of $50.00 per month. Both parties appealed

from the 6 June 2022 order.

In an unpublished opinion issued 1 August 2023, this Court held that the

Alimony Order lacked “adequate findings to support its legal conclusions” and set

aside the order and remanded the matter to the trial court for further proceedings.

Icenhour v. Icenhour, 290 N.C. App. 126, 889 S.E.2d 535 (2023) (unpublished). This

Court noted that “[a] conclusion of a substantial change in circumstances based solely

on a change in income is inadequate and erroneous. Instead, the extant overall

circumstances of the parties must be compared with those at the time of the award

to determine whether a substantial change has occurred” Id. (cleaned up).

Upon return to the trial court, the court determined, in consultation with

counsel for each party, that it would not take new evidence but would decide the

matter on the record and evidence previously presented. On 16 April 2024, the trial

court issued an Order on Remand. The trial court denied Defendant’s motion to

modify the alimony award finding Defendant failed to establish a substantial change

in circumstances to warrant such a modification. In addition, the trial court found

Defendant in contempt and ordered him to pay an extra $100.00 per month until the

arrearage of $36,600.00 is paid in full. On remand the trial court made twenty-nine

findings of fact to support its six conclusions of law. Defendant appeals from this

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order.

II. Standard of Review

During appellate review of both alimony modification and contempt orders,

“the standard . . . is whether there was competent evidence to support the trial court’s

findings of fact and whether its conclusions of law were proper in light of such facts.”

Kelly v. Kelly, 228 N.C. App. 600, 601, 747 S.E.2d 268, 273 (2013) (cleaned up); see

also Spears v. Spears, 245 N.C. App. 260, 273, 784 S.E.2d 485, 494 (2016). Whether

the findings of fact support the legal conclusion of a substantial change under the

circumstances is reviewed de novo. Peeler v. Joseph, 263 N.C. App. 198, 201, 823

S.E.2d 155, 158 (2018). The alimony determination, if supported by adequate

findings and conclusions, is reviewed for abuse of discretion. Dodson v. Dodson, 190

N.C. App. 412, 415, 660 S.E.2d 93, 96 (2008).

III. Analysis

On appeal, Defendant raises four issues: whether the trial court committed

reversible error by failing to consider Defendant’s debt payments and other relevant

ultimate facts; whether the trial court erred in making findings of fact regarding

Defendant’s income and reason for changing employment; whether the trial court

erred by imputing income to Defendant; and whether the trial court erred in finding

Defendant in contempt.

A. Consideration of Debt Payments and Ultimate Facts

-4- ICENHOUR V. ICENHOUR

In North Carolina, N.C. Gen. Stat. §50-16.9 provides for the modification of

alimony. “An order of a court of this State for alimony or postseparation support,

whether contested or entered by consent, may be modified or vacated at any time,

upon motion in the cause and a showing of changed circumstances by either party or

anyone interested.” N.C. Gen. Stat. § 50-16.9 (2024). When establishing an alimony

award, the trial court must consider specific statutory factors. N.C. Gen. Stat. § 50-

16.3A (b) (2024). These same factors are to be considered when evaluating a

substantial change in that award. Cunningham v. Cunningham, 345 N.C. 430, 435,

480 S.E.2d 403, 406 (1997). Not every factor is required in all cases, but “the court

must provide sufficient detail to satisfy a reviewing court that it has considered ‘all

relevant factors.’ ” Rhew v. Rhew, 138 N.C. App. 467, 472, 531 S.E.2d 471, 474 (2000).

The resulting order must find “the ultimate facts which were raised by the

defendant’s motion to modify. . .” Kelly v. Kelly, 228 N.C. App. 600, 608, 747 S.E.2d

268, 276 (2013). “As a general rule, the changed circumstances necessary for

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Icenhour v. Icenhour, Counsel Stack Legal Research, https://law.counselstack.com/opinion/icenhour-v-icenhour-ncctapp-2025.