Lee v. Lee

JOHNSON, Judge.

Defendant does not dispute the court’s ability to enforce its previous orders. Defendant contends that there is no determination that he has the present ability to comply with the civil contempt order requiring him to pay $1,000.00 of the arrearage. We agree.

In Teachey v. Teachey, 46 N.C. App. 332, 334, 264 S.E. 2d 786, 787 (1980), this Court held that:

For civil contempt to be applicable, the defendant must be able to comply with the order or take reasonable measures that would enable him to comply with the order. We hold this means he must have the present ability to comply,…