231 N.C. App. 534
N.C. Ct. App.2014Background
- The Kendalls divorced in Colorado (Jan 2009); Colorado court ordered Gregory Kendall to pay child support for their minor child.
- Gregory relocated to North Carolina; Lanni Kendall (through Carteret County) sought registration and enforcement in NC; registration notice issued 15 Oct 2012 and served ~26 Oct 2012.
- Gregory timely requested a hearing in NC and argued he was improperly required to register as a sex offender in NC, which hindered his ability to obtain employment and pay support.
- At the 7 Feb 2013 hearing the trial court orally declined to register the Colorado order on equitable grounds, expressing sympathy for Gregory, and later entered a written order (8 Mar 2013) finding Gregory had not proven any statutory defenses but nevertheless refusing registration based on equity.
- Carteret County (on behalf of Lanni) appealed, arguing the trial court erred by using an equitable defense outside the statutory list to deny enforcement of the registered foreign support order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly refused to confirm and enforce a registered Colorado child support order based on equitable considerations | Registration must be confirmed because Defendant failed to prove any statutory defenses under N.C. Gen. Stat. § 52C-6-607(a) | Equity (improper sex-offender registration preventing employment) justifies staying enforcement | Reversed: equity is not an available defense; trial court erred and should have confirmed registration |
| Standard of review for trial court’s refusal to enforce | De novo review of legal conclusions | Same | Court reviewed de novo and substituted its judgment |
Key Cases Cited
- State ex rel. Lively v. Berry, 187 N.C. App. 459, 653 S.E.2d 192 (N.C. Ct. App.) (de novo review and treating enforcement under Chapter 52C as a legal, not equitable, remedy)
- Welsher v. Rager, 127 N.C. App. 521, 491 S.E.2d 661 (N.C. Ct. App.) (defenses under § 52C-6-607 are narrowly defined)
- State, By & Through Albemarle Child Support Enforcement Agency ex rel. George v. Bray, 130 N.C. App. 552, 503 S.E.2d 686 (N.C. Ct. App.) (the statutory list of defenses to enforcement is exclusive)
- Ayers v. Bd. of Adjustment for Town of Robersonville Through Roberson, 113 N.C. App. 528, 439 S.E.2d 199 (N.C. Ct. App.) (explaining de novo standard allows substitution of appellate judgment)