Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Jeannie Roberts Icenhour v. Jeffrey David Icenhour
Date: 04-16-2025
Case Number: 11-CVD-1624
Judge: Richard S. Holloway
Court: Circuit Court, Caldwell County, North Carolina
Plaintiff's Attorney:
Click Here For The Best Lenoir Family Law Law Lawyer Directory
Defendant's Attorney:
Click Here For The Best Lenoir Family Law Law Lawyer Directory
Description:
Lenoir, North Carolina family law divorce lawyers represented parties in a dissolution of marriage action involving alimony.
Plaintiff and Defendant were married on 20 June 1987, separated on 23 April 2011, and divorced on 4 June 2014. The parties entered into a consent judgment on 10 January 2012 which resolved all issues, including spousal support and equitable distribution of the parties' martial property. Defendant was ordered to pay $1,800.00 per month in alimony to Plaintiff, beginning 1 January 2012, until terminated by one of the statutory events in N.C. Gen. Stat. § 50-16.9.
* * *
Legal issue Did the trial court err in denying the modification of alimony due to a lack of substantial change in circumstances and in holding the defendant in contempt for failing to pay alimony?
Headnote
FAMILY LAW. ALIMONY MODIFICATION. The court evaluated whether there was a substantial change in the defendant's financial circumstances to justify a modification of an alimony obligation, focusing on factors such as changes in income and expenses, and whether the defendant fulfilled his burden of proof regarding his financial obligations.
FAMILY LAW. FINDINGS OF FACT. The case examined the adequacy and competency of evidence supporting the trial court's findings of fact regarding the defendant's income, expenses, and employment transitions in reviewing an alimony modification request.
FAMILY LAW. IMPUTED INCOME. The court assessed whether income could be imputed to the defendant based on his employment choices, determining that the defendant acted in deliberate disregard for his support obligations without good cause for changing jobs.
FAMILY LAW. CONTEMPT OF COURT. The court addressed whether the defendant willfully failed to comply with the alimony order and determined whether there was sufficient evidence to support a finding of civil contempt based on the defendant's ability to pay.
PROCEDURAL LAW. CLERICAL ERROR. The decision also involved the identification and correction of a clerical error in the calculation of the defendant's alimony arrearage, ensuring accurate judicial records.
Key Phrases Alimony modification. Contempt order. Substantial change in circumstances. Imputing income. Clerical error.
Plaintiff and Defendant were married on 20 June 1987, separated on 23 April 2011, and divorced on 4 June 2014. The parties entered into a consent judgment on 10 January 2012 which resolved all issues, including spousal support and equitable distribution of the parties' martial property. Defendant was ordered to pay $1,800.00 per month in alimony to Plaintiff, beginning 1 January 2012, until terminated by one of the statutory events in N.C. Gen. Stat. § 50-16.9.
* * *
Legal issue Did the trial court err in denying the modification of alimony due to a lack of substantial change in circumstances and in holding the defendant in contempt for failing to pay alimony?
Headnote
FAMILY LAW. ALIMONY MODIFICATION. The court evaluated whether there was a substantial change in the defendant's financial circumstances to justify a modification of an alimony obligation, focusing on factors such as changes in income and expenses, and whether the defendant fulfilled his burden of proof regarding his financial obligations.
FAMILY LAW. FINDINGS OF FACT. The case examined the adequacy and competency of evidence supporting the trial court's findings of fact regarding the defendant's income, expenses, and employment transitions in reviewing an alimony modification request.
FAMILY LAW. IMPUTED INCOME. The court assessed whether income could be imputed to the defendant based on his employment choices, determining that the defendant acted in deliberate disregard for his support obligations without good cause for changing jobs.
FAMILY LAW. CONTEMPT OF COURT. The court addressed whether the defendant willfully failed to comply with the alimony order and determined whether there was sufficient evidence to support a finding of civil contempt based on the defendant's ability to pay.
PROCEDURAL LAW. CLERICAL ERROR. The decision also involved the identification and correction of a clerical error in the calculation of the defendant's alimony arrearage, ensuring accurate judicial records.
Key Phrases Alimony modification. Contempt order. Substantial change in circumstances. Imputing income. Clerical error.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Jeannie Roberts Icenhour v. Jeffrey David Icenhour?
The outcome was: Affirmed
Which court heard Jeannie Roberts Icenhour v. Jeffrey David Icenhour?
This case was heard in Circuit Court, Caldwell County, North Carolina, NC. The presiding judge was Richard S. Holloway.
Who were the attorneys in Jeannie Roberts Icenhour v. Jeffrey David Icenhour?
Plaintiff's attorney: Click Here For The Best Lenoir Family Law Law Lawyer Directory. Defendant's attorney: Click Here For The Best Lenoir Family Law Law Lawyer Directory.
When was Jeannie Roberts Icenhour v. Jeffrey David Icenhour decided?
This case was decided on April 16, 2025.