Jones v. Jones

HEDRICK, Judge.

In Teachey v. Teachey, 46 N.C. App. 332, 334, 264 S.E. 2d 786, 787 (1980), this Court, speaking through Martin, Judge (Harry C.), said:

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, or the present ability to take reasonable measures that would enable him to comply, with the order. (Citation omitted.)

In the present case, the defendant excepted to the following finding of fact made by the trial judge:…