Domestic Relations – Parent & Child – Support – Civil Practice – Contempt – Ability to Pay

D’Alessandro v. D’Alessandro (Lawyers Weekly No. 012-038-16, 11 pp.) (Robert Hunter Jr., J.) Appealed from Wake County District Court (Lori Christian, J.) N.C. App. Unpub.

Holding: The defendant-father provided testimony about his monthly income but no documentation showing that he lacked the ability to pay child support from that income. Furthermore, the evidence showed that the father had enough disposable income to go on two vacations and to buy an engagement ring. Thus, there was competent evidence for the trial court to find that the father had the present ability to pay the child support and attorney’s fees ordered by the court.

We affirm the order holding the father in contempt.

The record also supports a finding that the plaintiff-mother lacked the means to pay her attorney’s fees. Past orders establish that the mother was a homemaker and nursing student. Child support worksheets show that she earned less than the father. Additionally, the father’s failure to pay thousands of dollars in arrearages and attorney fees has further financially burdened the mother.