June 2018 | No. COA17-1042 (N.C. Ct. App. 2018)
Kaplan v. Kaplan (North Carolina 2018)
The burden of proof in a child support contempt hearing shifts to the non-paying parent once a court enters an order to appear and show cause. The father appealed a contempt order. He argued he didn’t have the ability to pay the support or the purge condition. The appellate court affirmed the order and found that father didn’t appear at the contempt proceeding so he had no grounds to complain about the outcome. The appellate court found that the court properly found he had the ability to pay using the court’s prior orders and testimony from the mother.
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