Civil Practice – Contempt – Burden of Proof – Waiver – Domestic Relations – Equitable Distribution – Car Loan

Moss v. Moss (Lawyers Weekly No. 12-07-0807, 14 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County District Court. (Christy T. Mann, J.) N.C. App. Full-text opinion.

Holding: Where an assistant clerk of court – rather than a judicial official – entered the show cause order, plaintiff should have borne the burden of proving that defendant was in contempt. However, since defendant failed to object and acquiesced when the trial court asked her to show why she should not be held in contempt, defendant waived the right to complain about this procedural defect.

We affirm the order holding defendant in contempt.

The evidence showed that defendant failed to comply with the parties’ consent equitable distribution order by failing to make a payment on the Mercedes that was in plaintiff’s name. Defendant has a bank account from which she paid business and personal expenses. In the seven months after the Mercedes was repossessed, defendant deposited $67,813.71 in the account. The evidence supports the court’s finding that defendant had the ability to pay the $12,284.89 deficiency on the car loan.