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NC H802
Bill
Status
4/20/2011
Primary Sponsor
Johnathan Rhyne
Click for details
AI Summary
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Clarifies that child custody orders appealed to the appellate division remain enforceable through civil contempt proceedings in the trial court during the appeal, with the appellate court able to stay contempt orders if justice requires.
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Extends the same enforcement and stay provisions to child support orders, whether issued pursuant to statute or by agreement, allowing trial courts to enforce them by civil contempt while appeals are pending.
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Modifies alimony and postseparation support orders to clarify they are enforceable by civil contempt during appeals, whether issued under statute or by agreement, with appellate courts authorized to stay contempt orders if justice requires.
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Applies to orders appealed to the appellate division, allowing aggrieved parties to request stays of civil contempt orders in the appellate court pending the outcome of the appeal.
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Becomes effective upon enactment.
Legislative Description
Child Support Order Stayed By Appeal
Last Action
Ref To Com On Rules and Operations of the Senate
4/20/2011