§ 50‑13.9. Procedure toinsure payment of child support.
(a) Upon its own motionor upon motion of either party, the court may order at any time that supportpayments be made to the State Child Support Collection and Disbursement Unitfor remittance to the party entitled to receive the payments. For child supportorders initially entered on or after January 1, 1994, the immediate incomewithholding provisions of G.S. 110‑136.5(c1) apply.
(b) After entry of anorder by the court under subsection (a) of this section, the State ChildSupport Collection and Disbursement Unit shall transmit child support paymentsthat are made to it to the custodial parent or other party entitled to receivethem, unless a court order requires otherwise.
(b1) In a IV‑Dcase:
(1) The designated childsupport enforcement agency shall have the sole responsibility and authority formonitoring the obligor's compliance with all child support orders in the caseand for initiating any enforcement procedures that it considers appropriate.
(2) The clerk of courtshall maintain all official records in the case.
(3) The designated childsupport enforcement agency shall maintain any other records needed to monitorthe obligor's compliance with or to enforce the child support orders in thecase, including records showing the amount of each payment of child supportreceived from or on behalf of the obligor, along with the dates on which eachpayment was received. In any action establishing, enforcing, or modifying achild support order, the payment records maintained by the designated childsupport agency shall be admissible evidence, and the court shall permit thedesignated representative to authenticate those records.
(b2) In a non‑IV‑Dcase:
(1) Repealed by SessionLaws 2005, ch. 389, s. 1.
(2) The clerk of courtshall maintain all official records and all case data concerning child supportmatters previously enforced by the clerk of court.
(3) Repealed by SessionLaws 2005, ch. 389, s. 1.
(c) In a IV‑Dcase, the parties affected by the order shall inform the designated childsupport enforcement agency of any change of address or other condition that mayaffect the administration of the order. The court may provide in the order thata party failing to inform the court or, as appropriate, the designated childsupport enforcement agency, of a change of address within a reasonable periodof time may be held in civil contempt.
(d) Upon affidavit ofan obligee, the clerk or a district court judge may order the obligor to appearand show cause why the obligor should not be subjected to income withholding oradjudged in contempt of court, or both. The order shall require the obligor toappear and show cause why the obligor should not be subjected to incomewithholding or adjudged in contempt of court, or both, and shall order theobligor to bring to the hearing records and information relating to theobligor's employment, the obligor's licensing privileges, and the amount andsources of the obligor's disposable income. The order shall state:
(1) That the obligor isunder a court order to provide child support, the name of each child for whosebenefit support is due, and information sufficient to identify the order;
(2) That the obligor isdelinquent and the amount of overdue support;
(2a) That the court mayorder the revocation of some or all of the obligor's licensing privileges ifthe obligor is delinquent in an amount equal to the support due for one month;
(3) That the court mayorder income withholding if the obligor is delinquent in an amount equal to thesupport due for one month;
(4) That incomewithholding, if implemented, will apply to the obligor's current payors and allsubsequent payors and will be continued until terminated pursuant to G.S. 110‑136.10;
(5) That failure tobring to the hearing records and information relating to his employment and theamount and sources of his disposable income will be grounds for contempt;
(6) That if incomewithholding is not an available or appropriate remedy, the court may determinewhether the obligor is in contempt or whether any other enforcement remedy isappropriate.
The order may be signed by theclerk or a district court judge, and shall be served on the obligor pursuant toG.S. 1A‑1, Rule 4, Rules of Civil Procedure. On motion of the person towhom support is owed in a non‑IV‑D case, with the approval of thedistrict court judge, if the district court judge finds it is in the bestinterest of the child, no order shall be issued.
(e) Repealed by SessionLaws 2005, ch. 389, s. 1.
(f) Repealed bySession Laws 2005, ch. 389, s. 1.
(g) Nothing in thissection shall preclude the independent initiation by a party of proceedings forcivil contempt or for income withholding. ( 1983, c. 677, s. 1; 1985 (Reg. Sess., 1986), c. 949,ss. 3‑6; 1989, c. 479; 1993, c. 517, s. 6; c. 553, s. 67.1; 1995, c. 444,s. 1; c. 538, s. 1.2; 1997‑443, s. 11A.118(a); 1999‑293, ss. 11‑14;2001‑237, s. 7; 2005‑389, s. 1; 2006‑264, s. 97.)
§ 50‑13.9. Procedure toinsure payment of child support.
(a) Upon its own motionor upon motion of either party, the court may order at any time that supportpayments be made to the State Child Support Collection and Disbursement Unitfor remittance to the party entitled to receive the payments. For child supportorders initially entered on or after January 1, 1994, the immediate incomewithholding provisions of G.S. 110‑136.5(c1) apply.
(b) After entry of anorder by the court under subsection (a) of this section, the State ChildSupport Collection and Disbursement Unit shall transmit child support paymentsthat are made to it to the custodial parent or other party entitled to receivethem, unless a court order requires otherwise.
(b1) In a IV‑Dcase:
(1) The designated childsupport enforcement agency shall have the sole responsibility and authority formonitoring the obligor's compliance with all child support orders in the caseand for initiating any enforcement procedures that it considers appropriate.
(2) The clerk of courtshall maintain all official records in the case.
(3) The designated childsupport enforcement agency shall maintain any other records needed to monitorthe obligor's compliance with or to enforce the child support orders in thecase, including records showing the amount of each payment of child supportreceived from or on behalf of the obligor, along with the dates on which eachpayment was received. In any action establishing, enforcing, or modifying achild support order, the payment records maintained by the designated childsupport agency shall be admissible evidence, and the court shall permit thedesignated representative to authenticate those records.
(b2) In a non‑IV‑Dcase:
(1) Repealed by SessionLaws 2005, ch. 389, s. 1.
(2) The clerk of courtshall maintain all official records and all case data concerning child supportmatters previously enforced by the clerk of court.
(3) Repealed by SessionLaws 2005, ch. 389, s. 1.
(c) In a IV‑Dcase, the parties affected by the order shall inform the designated childsupport enforcement agency of any change of address or other condition that mayaffect the administration of the order. The court may provide in the order thata party failing to inform the court or, as appropriate, the designated childsupport enforcement agency, of a change of address within a reasonable periodof time may be held in civil contempt.
(d) Upon affidavit ofan obligee, the clerk or a district court judge may order the obligor to appearand show cause why the obligor should not be subjected to income withholding oradjudged in contempt of court, or both. The order shall require the obligor toappear and show cause why the obligor should not be subjected to incomewithholding or adjudged in contempt of court, or both, and shall order theobligor to bring to the hearing records and information relating to theobligor's employment, the obligor's licensing privileges, and the amount andsources of the obligor's disposable income. The order shall state:
(1) That the obligor isunder a court order to provide child support, the name of each child for whosebenefit support is due, and information sufficient to identify the order;
(2) That the obligor isdelinquent and the amount of overdue support;
(2a) That the court mayorder the revocation of some or all of the obligor's licensing privileges ifthe obligor is delinquent in an amount equal to the support due for one month;
(3) That the court mayorder income withholding if the obligor is delinquent in an amount equal to thesupport due for one month;
(4) That incomewithholding, if implemented, will apply to the obligor's current payors and allsubsequent payors and will be continued until terminated pursuant to G.S. 110‑136.10;
(5) That failure tobring to the hearing records and information relating to his employment and theamount and sources of his disposable income will be grounds for contempt;
(6) That if incomewithholding is not an available or appropriate remedy, the court may determinewhether the obligor is in contempt or whether any other enforcement remedy isappropriate.
The order may be signed by theclerk or a district court judge, and shall be served on the obligor pursuant toG.S. 1A‑1, Rule 4, Rules of Civil Procedure. On motion of the person towhom support is owed in a non‑IV‑D case, with the approval of thedistrict court judge, if the district court judge finds it is in the bestinterest of the child, no order shall be issued.
(e) Repealed by SessionLaws 2005, ch. 389, s. 1.
(f) Repealed bySession Laws 2005, ch. 389, s. 1.
(g) Nothing in thissection shall preclude the independent initiation by a party of proceedings forcivil contempt or for income withholding. ( 1983, c. 677, s. 1; 1985 (Reg. Sess., 1986), c. 949,ss. 3‑6; 1989, c. 479; 1993, c. 517, s. 6; c. 553, s. 67.1; 1995, c. 444,s. 1; c. 538, s. 1.2; 1997‑443, s. 11A.118(a); 1999‑293, ss. 11‑14;2001‑237, s. 7; 2005‑389, s. 1; 2006‑264, s. 97.)
§ 50‑13.9. Procedure toinsure payment of child support.
(a) Upon its own motionor upon motion of either party, the court may order at any time that supportpayments be made to the State Child Support Collection and Disbursement Unitfor remittance to the party entitled to receive the payments. For child supportorders initially entered on or after January 1, 1994, the immediate incomewithholding provisions of G.S. 110‑136.5(c1) apply.
(b) After entry of anorder by the court under subsection (a) of this section, the State ChildSupport Collection and Disbursement Unit shall transmit child support paymentsthat are made to it to the custodial parent or other party entitled to receivethem, unless a court order requires otherwise.
(b1) In a IV‑Dcase:
(1) The designated childsupport enforcement agency shall have the sole responsibility and authority formonitoring the obligor's compliance with all child support orders in the caseand for initiating any enforcement procedures that it considers appropriate.
(2) The clerk of courtshall maintain all official records in the case.
(3) The designated childsupport enforcement agency shall maintain any other records needed to monitorthe obligor's compliance with or to enforce the child support orders in thecase, including records showing the amount of each payment of child supportreceived from or on behalf of the obligor, along with the dates on which eachpayment was received. In any action establishing, enforcing, or modifying achild support order, the payment records maintained by the designated childsupport agency shall be admissible evidence, and the court shall permit thedesignated representative to authenticate those records.
(b2) In a non‑IV‑Dcase:
(1) Repealed by SessionLaws 2005, ch. 389, s. 1.
(2) The clerk of courtshall maintain all official records and all case data concerning child supportmatters previously enforced by the clerk of court.
(3) Repealed by SessionLaws 2005, ch. 389, s. 1.
(c) In a IV‑Dcase, the parties affected by the order shall inform the designated childsupport enforcement agency of any change of address or other condition that mayaffect the administration of the order. The court may provide in the order thata party failing to inform the court or, as appropriate, the designated childsupport enforcement agency, of a change of address within a reasonable periodof time may be held in civil contempt.
(d) Upon affidavit ofan obligee, the clerk or a district court judge may order the obligor to appearand show cause why the obligor should not be subjected to income withholding oradjudged in contempt of court, or both. The order shall require the obligor toappear and show cause why the obligor should not be subjected to incomewithholding or adjudged in contempt of court, or both, and shall order theobligor to bring to the hearing records and information relating to theobligor's employment, the obligor's licensing privileges, and the amount andsources of the obligor's disposable income. The order shall state:
(1) That the obligor isunder a court order to provide child support, the name of each child for whosebenefit support is due, and information sufficient to identify the order;
(2) That the obligor isdelinquent and the amount of overdue support;
(2a) That the court mayorder the revocation of some or all of the obligor's licensing privileges ifthe obligor is delinquent in an amount equal to the support due for one month;
(3) That the court mayorder income withholding if the obligor is delinquent in an amount equal to thesupport due for one month;
(4) That incomewithholding, if implemented, will apply to the obligor's current payors and allsubsequent payors and will be continued until terminated pursuant to G.S. 110‑136.10;
(5) That failure tobring to the hearing records and information relating to his employment and theamount and sources of his disposable income will be grounds for contempt;
(6) That if incomewithholding is not an available or appropriate remedy, the court may determinewhether the obligor is in contempt or whether any other enforcement remedy isappropriate.
The order may be signed by theclerk or a district court judge, and shall be served on the obligor pursuant toG.S. 1A‑1, Rule 4, Rules of Civil Procedure. On motion of the person towhom support is owed in a non‑IV‑D case, with the approval of thedistrict court judge, if the district court judge finds it is in the bestinterest of the child, no order shall be issued.
(e) Repealed by SessionLaws 2005, ch. 389, s. 1.
(f) Repealed bySession Laws 2005, ch. 389, s. 1.
(g) Nothing in thissection shall preclude the independent initiation by a party of proceedings forcivil contempt or for income withholding. ( 1983, c. 677, s. 1; 1985 (Reg. Sess., 1986), c. 949,ss. 3‑6; 1989, c. 479; 1993, c. 517, s. 6; c. 553, s. 67.1; 1995, c. 444,s. 1; c. 538, s. 1.2; 1997‑443, s. 11A.118(a); 1999‑293, ss. 11‑14;2001‑237, s. 7; 2005‑389, s. 1; 2006‑264, s. 97.)
