When family law disputes stretch over years, the issues often go beyond custody and support. They can involve subpoenas, protective orders, and even sanctions for frivolous filings. The North Carolina Court of Appeals’ decision in Crenshaw v. Crenshaw (2025) shows just how complex—and costly—these cases can become.
Case Background
- Marriage and Separation: Alexander (“Father”) and Kelly (“Mother”) Crenshaw married in 2001, separated in 2011, and had three children together.
- Initial Orders: In 2012, the trial court awarded Mother primary custody, set Father’s visitation, and ordered him to pay $1,741.42 per month in child support.
- Consent Order (2018): Mother was granted sole custody, with visitation only at her discretion. Father’s support obligation continued unchanged.
- Motions to Modify (2020): With two children now adults, both parents filed motions—Father seeking a reduction, Mother seeking an increase based on Father’s rising income and higher expenses.
The dispute escalated when Father issued subpoenas to Mother’s family businesses (Autobell Car Wash, Howco, and CAH Holdings), demanding tax records. The entities objected, and the trial court entered protective orders shielding them from discovery. Later, the court also awarded attorney’s fees against Father.
In December 2022, the court issued its Modification Order:
- Denied Father’s request for reduction.
- Increased support to $2,230/month.
- Awarded Mother $15,000 in attorney’s fees.
Both parties appealed.
Key Issues on Appeal
1. Protective Orders and Jurisdiction
Father tried to appeal the protective orders, but his appeal was dismissed because he failed to properly serve notice on the entities’ attorneys.
- Lesson: Appellate jurisdiction requires strict compliance. If you don’t serve all affected parties, your appeal dies before it begins.
2. Child Support Modification
Mother’s Income: Father argued the court underestimated her resources—pointing to large deposits, expenses covered by family businesses, and parental support. But the appellate court upheld the trial court’s findings, emphasizing that credibility determinations belong to the trial judge.
Effective Date: Mother argued the increase should be retroactive to January 2021. Instead, the trial court made it effective January 1, 2022. The Court of Appeals said this was within the court’s discretion.
Needs of the Child: Mother challenged the reliance on Father’s evidence about their son’s needs. Again, the appellate court deferred to the trial court.
- Lesson: Appellate courts rarely disturb trial courts on credibility or discretionary decisions about effective dates.
3. Attorney’s Fees
- Father’s Argument: He lacked notice and the findings were inadequate. The Court of Appeals rejected this, noting Mother requested fees, evidence was presented, and the findings showed Father’s repeated motions were frivolous.
- Mother’s Argument: She wanted more—over $38,000. The appellate court held that $15,000 was reasonable, especially since her family businesses already helped cover expenses.
- Lesson: North Carolina law allows trial courts to award attorney’s fees when a party files frivolous or harassing motions. Courts also have discretion to reduce fee requests when the prevailing party has significant resources.
Takeaways from Crenshaw v. Crenshaw
- Procedural Precision Is Critical – Appeals can be lost on technicalities like failing to serve notice.
- Credibility Findings Are Almost Untouchable – Trial judges decide whose story to believe; appeals won’t change that.
- Child Support Effective Dates Are Flexible – Courts can make increases retroactive or forward-looking within statutory limits.
- Attorney’s Fees Are a Risk – Frivolous motions can lead to thousands in sanctions.
Conclusion
The Court of Appeals dismissed Father’s appeal of the protective orders and upheld the trial court’s child support modification and attorney’s fee award. Crenshaw v. Crenshaw serves as a warning: family law litigation requires careful strategy, strict compliance with procedure, and realistic expectations.
At Adkins Law, PLLC, we help families in Huntersville and the Lake Norman area handle custody, child support, and modification disputes with experience and precision. Whether you’re seeking a change in support or defending against one, we can guide you through the process and protect your rights.
📞 Contact us today to schedule a consultation.
