State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-135

§ 110‑135.  Debt to State created.

Acceptance of public assistance by or on behalf of a dependent childcreates a debt, in the amount of public assistance paid, due and owing theState by the responsible parent or parents of the child. Provided, however, thatin those cases in which child support was required to be paid incident to acourt order during the time of receipt of public assistance, the debt shall belimited to the amount specified in such court order. This liability shallattach only to public assistance granted subsequent to June 30, 1975, and onlywith respect to the period of time during which public assistance is granted,and only if the responsible parent or parents were financially able to furnishsupport during this period.

The United States, the State of North Carolina, and any county withinthe State which has provided public assistance to or on behalf of a dependentchild shall be entitled to share in any sum collected under this section, andtheir proportionate parts of such sum shall be determined in accordance withthe matching formulas in use during the period for which assistance was paid.

No action to collect such debt shall be commenced after the expirationof five years subsequent to the receipt of the last grant of public assistance.The county attorney or an attorney retained by the county and/or State shallrepresent the State in all proceedings brought under this section.

A past‑due public assistance debt as described in this sectionmay be deemed negotiable and subject to reduction if the public assistance debtis not less than fifteen thousand dollars ($15,000) and the responsible parentcontinues to be obligated to pay current child support. Upon agreement betweenthe State and the responsible parent, and upon approval of the court upon aninquiry into the financial status of the obligor, the responsible parent shallpay all child support payments, including payments due on child supportarrears, entered by a valid court order for a 24‑month period of time.Upon the timely payment of each court‑ordered child support obligationduring the full 24‑month period, including payments due on child supportarrears, the State shall reduce the responsible parent's public assistance debtby two‑thirds. If the responsible parent is late or defaults on anysingle payment during the 24‑month period, no portion of the publicassistance debt shall be reduced. The responsible parent may attempt to achieve24 consecutive months of child support payments as often as possible in orderto reduce his or her public assistance debt. However, once the responsibleparent's public assistance debt has been reduced by two‑thirds because ofthe successful completion of this agreement, the responsible parent shall nolonger be eligible for this program. The reduction of public assistance debt asset forth in this section shall be in addition to all other remedies availableto the State for the retirement of the debt. This program shall not prevent theState from taking any and all other measures available by law.

Upon the termination of a child support obligation due to the death ofthe obligor, the Department shall determine whether the obligor's estatecontains sufficient assets to satisfy any child support arrearages. Ifsufficient assets are available, the Department shall attempt to collect thearrearage. (1975, c. 827, s. 1; 1977,2nd Sess., c. 1186, ss. 9, 10; 2003‑288, s. 1.1; 2005‑389, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-135

§ 110‑135.  Debt to State created.

Acceptance of public assistance by or on behalf of a dependent childcreates a debt, in the amount of public assistance paid, due and owing theState by the responsible parent or parents of the child. Provided, however, thatin those cases in which child support was required to be paid incident to acourt order during the time of receipt of public assistance, the debt shall belimited to the amount specified in such court order. This liability shallattach only to public assistance granted subsequent to June 30, 1975, and onlywith respect to the period of time during which public assistance is granted,and only if the responsible parent or parents were financially able to furnishsupport during this period.

The United States, the State of North Carolina, and any county withinthe State which has provided public assistance to or on behalf of a dependentchild shall be entitled to share in any sum collected under this section, andtheir proportionate parts of such sum shall be determined in accordance withthe matching formulas in use during the period for which assistance was paid.

No action to collect such debt shall be commenced after the expirationof five years subsequent to the receipt of the last grant of public assistance.The county attorney or an attorney retained by the county and/or State shallrepresent the State in all proceedings brought under this section.

A past‑due public assistance debt as described in this sectionmay be deemed negotiable and subject to reduction if the public assistance debtis not less than fifteen thousand dollars ($15,000) and the responsible parentcontinues to be obligated to pay current child support. Upon agreement betweenthe State and the responsible parent, and upon approval of the court upon aninquiry into the financial status of the obligor, the responsible parent shallpay all child support payments, including payments due on child supportarrears, entered by a valid court order for a 24‑month period of time.Upon the timely payment of each court‑ordered child support obligationduring the full 24‑month period, including payments due on child supportarrears, the State shall reduce the responsible parent's public assistance debtby two‑thirds. If the responsible parent is late or defaults on anysingle payment during the 24‑month period, no portion of the publicassistance debt shall be reduced. The responsible parent may attempt to achieve24 consecutive months of child support payments as often as possible in orderto reduce his or her public assistance debt. However, once the responsibleparent's public assistance debt has been reduced by two‑thirds because ofthe successful completion of this agreement, the responsible parent shall nolonger be eligible for this program. The reduction of public assistance debt asset forth in this section shall be in addition to all other remedies availableto the State for the retirement of the debt. This program shall not prevent theState from taking any and all other measures available by law.

Upon the termination of a child support obligation due to the death ofthe obligor, the Department shall determine whether the obligor's estatecontains sufficient assets to satisfy any child support arrearages. Ifsufficient assets are available, the Department shall attempt to collect thearrearage. (1975, c. 827, s. 1; 1977,2nd Sess., c. 1186, ss. 9, 10; 2003‑288, s. 1.1; 2005‑389, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-135

§ 110‑135.  Debt to State created.

Acceptance of public assistance by or on behalf of a dependent childcreates a debt, in the amount of public assistance paid, due and owing theState by the responsible parent or parents of the child. Provided, however, thatin those cases in which child support was required to be paid incident to acourt order during the time of receipt of public assistance, the debt shall belimited to the amount specified in such court order. This liability shallattach only to public assistance granted subsequent to June 30, 1975, and onlywith respect to the period of time during which public assistance is granted,and only if the responsible parent or parents were financially able to furnishsupport during this period.

The United States, the State of North Carolina, and any county withinthe State which has provided public assistance to or on behalf of a dependentchild shall be entitled to share in any sum collected under this section, andtheir proportionate parts of such sum shall be determined in accordance withthe matching formulas in use during the period for which assistance was paid.

No action to collect such debt shall be commenced after the expirationof five years subsequent to the receipt of the last grant of public assistance.The county attorney or an attorney retained by the county and/or State shallrepresent the State in all proceedings brought under this section.

A past‑due public assistance debt as described in this sectionmay be deemed negotiable and subject to reduction if the public assistance debtis not less than fifteen thousand dollars ($15,000) and the responsible parentcontinues to be obligated to pay current child support. Upon agreement betweenthe State and the responsible parent, and upon approval of the court upon aninquiry into the financial status of the obligor, the responsible parent shallpay all child support payments, including payments due on child supportarrears, entered by a valid court order for a 24‑month period of time.Upon the timely payment of each court‑ordered child support obligationduring the full 24‑month period, including payments due on child supportarrears, the State shall reduce the responsible parent's public assistance debtby two‑thirds. If the responsible parent is late or defaults on anysingle payment during the 24‑month period, no portion of the publicassistance debt shall be reduced. The responsible parent may attempt to achieve24 consecutive months of child support payments as often as possible in orderto reduce his or her public assistance debt. However, once the responsibleparent's public assistance debt has been reduced by two‑thirds because ofthe successful completion of this agreement, the responsible parent shall nolonger be eligible for this program. The reduction of public assistance debt asset forth in this section shall be in addition to all other remedies availableto the State for the retirement of the debt. This program shall not prevent theState from taking any and all other measures available by law.

Upon the termination of a child support obligation due to the death ofthe obligor, the Department shall determine whether the obligor's estatecontains sufficient assets to satisfy any child support arrearages. Ifsufficient assets are available, the Department shall attempt to collect thearrearage. (1975, c. 827, s. 1; 1977,2nd Sess., c. 1186, ss. 9, 10; 2003‑288, s. 1.1; 2005‑389, s. 2.)

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