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TUCKER v. TUCKER

No. COA08-789.

679 S.E.2d 141 (2009)

Rachel Darlene TUCKER, Plaintiff, v. Jewett Eugene TUCKER, Jr., Defendant.

Court of Appeals of North Carolina.

June 16, 2009.

Attorney(s) appearing for the Case

Staton, Doster, Post Silverman & Foushee, P.A., by Jonathan Silverman, Sanford, for defendant-appellant.

Arthur M. Blue Law Office, P.A., by Arthur M. Blue, Carthage, for plaintiff-appellee.

STROUD, Judge.

The trial court found defendant to be in civil contempt of court due to a failure to make court ordered alimony payments and ordered defendant's incarceration until payment of a $10,000.00 purge payment. Defendant appeals, arguing the trial court erred in concluding that he had the present ability to pay a $10,000.00 purge payment towards his alimony arrearages. For the following reasons, we affirm.

I. Background

On or about 24 March...

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