Legal Opinion

McMiller v. McMiller

Court of Appeals of North Carolina

Decided November 19, 1985No. 8518DC463PublishedCited by 15 opinions

1Opinion of the Court

PARKER, Judge.

Civil contempt proceedings are a proper method of enforcing orders for payment of child support. Smith v. Smith, 248 N.C. 298, 103 S.E. 2d 400 (1958). The purpose of civil contempt is not to punish but to coerce a defendant into compliance with the support order. See, e.g., Jolly v. Wright, 300 N.C. 83, 265 S.E. 2d 135 (1980). Although the power of a court to hold a violator of a court order in contempt is inherent, e.g., Safie Mfg. Co. v. Arnold, 228 N.C. 375, 45 S.E. 2d 577 (1948), it is limited somewhat by the requirements of G.S. 5A-21 thru 5A-25.

General Statute 5A-21…

2Cases cited9 opinions

  1. Jolly v. WrightSupreme Court of North Carolina · 1980
  2. Carver v. CarverSupreme Court of North Carolina · 1984
  3. Manufacturing Co. v. . ArnoldSupreme Court of North Carolina · 1947
  4. Teachey v. TeacheyCourt of Appeals of North Carolina · 1980
  5. Cox v. CoxCourt of Appeals of North Carolina · 1971

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3Cited by15 opinions

  1. McBride v. McBrideSupreme Court of North Carolina · 1993
  2. Adkins v. AdkinsCourt of Appeals of North Carolina · 1986
  3. Baxley v. JacksonCourt of Appeals of North Carolina · 2006
  4. General Motors Acceptance Corp. v. WrightCourt of Appeals of North Carolina · 2002
  5. Tyll v. BerryCourt of Appeals of North Carolina · 2014

10 more not listed; retrieve them via the Exa API.

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