State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136

§ 110‑136. Garnishment for enforcement of child‑support obligation.

(a)        Notwithstanding any other provision of the law, in any casein which a responsible parent is under a court order or has entered into awritten agreement pursuant to G.S. 110‑132 or 110‑133 to providechild support, a judge of the district court in the county where the mother ofthe child resides or is found, or in the county where the father resides or isfound, or in the county where the child resides or is found may enter an orderof garnishment whereby no more than forty percent (40%) of the responsibleparent's monthly disposable earnings shall be garnished for the support of hisminor child. For purposes of this section, "disposable earnings" isdefined as that part of the compensation paid or payable to the responsibleparent for personal services, whether denominated as wages, salary, commission,bonus, or otherwise (including periodic payments pursuant to a pension,retirement, or other deferred compensation program) which remains after thededuction of any amounts required by law to be withheld. The garnishee is theperson, firm, association, or corporation by whom the responsible parent isemployed.

(b)        The mother, father, custodian, or guardian of the child orany designated representative interested in the support of a dependent childmay move the court for an order of garnishment. The motion shall be verifiedand shall state that the responsible parent is under court order or has enteredinto a written agreement pursuant to G.S. 110‑132 or 110‑133 toprovide child support, that said parent is delinquent in such child support orhas been erratic in making child‑support payments, the name and addressof the employer of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based upon information andbelief), and the amount sought to be garnished, not to exceed forty percent(40%) of the responsible parent's monthly disposable earnings. The motion forthe wage garnishment order along with a motion to join the alleged employer asa third‑party garnishee defendant shall be served on both the responsibleparent and the alleged employer in accordance with the provisions of G.S. 1A‑1,Rules of Civil Procedure. The time period for answering or otherwise respondingto pleadings, motions and other papers issued pursuant to this section shall bein accordance with the time periods set forth in G.S. 1A‑1, Rules ofCivil Procedure, except that the alleged employer third‑party garnisheeshall have 10 days from the date of service of process to answer both themotion to join him as a defendant garnishee and the motion for the wagegarnishment order.

(b1)      In addition to the foregoing method for instituting acontinuing wage garnishment proceeding for child support through motion, themother, father, custodian, or guardian of the child or any designatedrepresentative interested in the support of a dependent child may in anindependent proceeding petition the court for an order of continuing wagegarnishment. The petition shall be verified and shall state that theresponsible parent is under court order or has entered into a written agreementpursuant to G.S. 110‑132 or 110‑133 to provide child support, thatsaid parent is delinquent in such child support or has been erratic in makingchild‑support payments, the name and address of the alleged‑employergarnishee of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based on information and belief),and the amount sought to be garnished, not to exceed forty percent (40%) of theresponsible parent's monthly disposable earnings. The petition shall be servedon both the responsible parent and his alleged employer in accordance with theprovisions for service of process set forth in G.S. 1A‑1, Rule 4. Thetime period for answering or otherwise responding to process issued pursuant tothis section shall be in accordance with the time periods set forth in G.S. 1A‑1,Rules of Civil Procedure.

(c)        Following the hearing held pursuant to this section, thecourt may enter an order of garnishment not to exceed forty percent (40%) ofthe responsible parent's monthly disposable earnings. If an order ofgarnishment is entered, a copy of same shall be served on the responsibleparent and the garnishee either personally or by certified or registered mail,return receipt requested. The order shall set forth sufficient findings of factto support the action by the court and the amount to be garnished for each pay period.The amount garnished shall be increased by an additional one dollar ($1.00)processing fee to be assessed and retained by the employer for each paymentunder the order. The order shall be subject to review for modification anddissolution upon the filing of a motion in the cause.

(d)        Upon receipt of an order of garnishment, the garnishee shalltransmit without delay to the State Child Support Collection and DisbursementUnit the amount ordered by the court to be garnished. These funds shall bedisbursed to the party designated by the court which in those cases ofdependent children receiving public assistance shall be the North CarolinaDepartment of Health and Human Services.

(e)        Any garnishee violating the terms of an order of garnishmentshall be subject to punishment as for contempt. (1975, c. 827, s. 1; 1977, 2nd Sess., c. 1186, ss. 11,12; 1979, c. 386, ss. 1‑8; 1983 (Reg. Sess., 1984), c. 1047, s. 1; 1985,c. 660, s. 2; 1997‑443, s. 11A.118(a); 1999‑293, s. 17.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136

§ 110‑136. Garnishment for enforcement of child‑support obligation.

(a)        Notwithstanding any other provision of the law, in any casein which a responsible parent is under a court order or has entered into awritten agreement pursuant to G.S. 110‑132 or 110‑133 to providechild support, a judge of the district court in the county where the mother ofthe child resides or is found, or in the county where the father resides or isfound, or in the county where the child resides or is found may enter an orderof garnishment whereby no more than forty percent (40%) of the responsibleparent's monthly disposable earnings shall be garnished for the support of hisminor child. For purposes of this section, "disposable earnings" isdefined as that part of the compensation paid or payable to the responsibleparent for personal services, whether denominated as wages, salary, commission,bonus, or otherwise (including periodic payments pursuant to a pension,retirement, or other deferred compensation program) which remains after thededuction of any amounts required by law to be withheld. The garnishee is theperson, firm, association, or corporation by whom the responsible parent isemployed.

(b)        The mother, father, custodian, or guardian of the child orany designated representative interested in the support of a dependent childmay move the court for an order of garnishment. The motion shall be verifiedand shall state that the responsible parent is under court order or has enteredinto a written agreement pursuant to G.S. 110‑132 or 110‑133 toprovide child support, that said parent is delinquent in such child support orhas been erratic in making child‑support payments, the name and addressof the employer of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based upon information andbelief), and the amount sought to be garnished, not to exceed forty percent(40%) of the responsible parent's monthly disposable earnings. The motion forthe wage garnishment order along with a motion to join the alleged employer asa third‑party garnishee defendant shall be served on both the responsibleparent and the alleged employer in accordance with the provisions of G.S. 1A‑1,Rules of Civil Procedure. The time period for answering or otherwise respondingto pleadings, motions and other papers issued pursuant to this section shall bein accordance with the time periods set forth in G.S. 1A‑1, Rules ofCivil Procedure, except that the alleged employer third‑party garnisheeshall have 10 days from the date of service of process to answer both themotion to join him as a defendant garnishee and the motion for the wagegarnishment order.

(b1)      In addition to the foregoing method for instituting acontinuing wage garnishment proceeding for child support through motion, themother, father, custodian, or guardian of the child or any designatedrepresentative interested in the support of a dependent child may in anindependent proceeding petition the court for an order of continuing wagegarnishment. The petition shall be verified and shall state that theresponsible parent is under court order or has entered into a written agreementpursuant to G.S. 110‑132 or 110‑133 to provide child support, thatsaid parent is delinquent in such child support or has been erratic in makingchild‑support payments, the name and address of the alleged‑employergarnishee of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based on information and belief),and the amount sought to be garnished, not to exceed forty percent (40%) of theresponsible parent's monthly disposable earnings. The petition shall be servedon both the responsible parent and his alleged employer in accordance with theprovisions for service of process set forth in G.S. 1A‑1, Rule 4. Thetime period for answering or otherwise responding to process issued pursuant tothis section shall be in accordance with the time periods set forth in G.S. 1A‑1,Rules of Civil Procedure.

(c)        Following the hearing held pursuant to this section, thecourt may enter an order of garnishment not to exceed forty percent (40%) ofthe responsible parent's monthly disposable earnings. If an order ofgarnishment is entered, a copy of same shall be served on the responsibleparent and the garnishee either personally or by certified or registered mail,return receipt requested. The order shall set forth sufficient findings of factto support the action by the court and the amount to be garnished for each pay period.The amount garnished shall be increased by an additional one dollar ($1.00)processing fee to be assessed and retained by the employer for each paymentunder the order. The order shall be subject to review for modification anddissolution upon the filing of a motion in the cause.

(d)        Upon receipt of an order of garnishment, the garnishee shalltransmit without delay to the State Child Support Collection and DisbursementUnit the amount ordered by the court to be garnished. These funds shall bedisbursed to the party designated by the court which in those cases ofdependent children receiving public assistance shall be the North CarolinaDepartment of Health and Human Services.

(e)        Any garnishee violating the terms of an order of garnishmentshall be subject to punishment as for contempt. (1975, c. 827, s. 1; 1977, 2nd Sess., c. 1186, ss. 11,12; 1979, c. 386, ss. 1‑8; 1983 (Reg. Sess., 1984), c. 1047, s. 1; 1985,c. 660, s. 2; 1997‑443, s. 11A.118(a); 1999‑293, s. 17.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136

§ 110‑136. Garnishment for enforcement of child‑support obligation.

(a)        Notwithstanding any other provision of the law, in any casein which a responsible parent is under a court order or has entered into awritten agreement pursuant to G.S. 110‑132 or 110‑133 to providechild support, a judge of the district court in the county where the mother ofthe child resides or is found, or in the county where the father resides or isfound, or in the county where the child resides or is found may enter an orderof garnishment whereby no more than forty percent (40%) of the responsibleparent's monthly disposable earnings shall be garnished for the support of hisminor child. For purposes of this section, "disposable earnings" isdefined as that part of the compensation paid or payable to the responsibleparent for personal services, whether denominated as wages, salary, commission,bonus, or otherwise (including periodic payments pursuant to a pension,retirement, or other deferred compensation program) which remains after thededuction of any amounts required by law to be withheld. The garnishee is theperson, firm, association, or corporation by whom the responsible parent isemployed.

(b)        The mother, father, custodian, or guardian of the child orany designated representative interested in the support of a dependent childmay move the court for an order of garnishment. The motion shall be verifiedand shall state that the responsible parent is under court order or has enteredinto a written agreement pursuant to G.S. 110‑132 or 110‑133 toprovide child support, that said parent is delinquent in such child support orhas been erratic in making child‑support payments, the name and addressof the employer of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based upon information andbelief), and the amount sought to be garnished, not to exceed forty percent(40%) of the responsible parent's monthly disposable earnings. The motion forthe wage garnishment order along with a motion to join the alleged employer asa third‑party garnishee defendant shall be served on both the responsibleparent and the alleged employer in accordance with the provisions of G.S. 1A‑1,Rules of Civil Procedure. The time period for answering or otherwise respondingto pleadings, motions and other papers issued pursuant to this section shall bein accordance with the time periods set forth in G.S. 1A‑1, Rules ofCivil Procedure, except that the alleged employer third‑party garnisheeshall have 10 days from the date of service of process to answer both themotion to join him as a defendant garnishee and the motion for the wagegarnishment order.

(b1)      In addition to the foregoing method for instituting acontinuing wage garnishment proceeding for child support through motion, themother, father, custodian, or guardian of the child or any designatedrepresentative interested in the support of a dependent child may in anindependent proceeding petition the court for an order of continuing wagegarnishment. The petition shall be verified and shall state that theresponsible parent is under court order or has entered into a written agreementpursuant to G.S. 110‑132 or 110‑133 to provide child support, thatsaid parent is delinquent in such child support or has been erratic in makingchild‑support payments, the name and address of the alleged‑employergarnishee of the responsible parent, the responsible parent's monthlydisposable earnings from said employer (which may be based on information and belief),and the amount sought to be garnished, not to exceed forty percent (40%) of theresponsible parent's monthly disposable earnings. The petition shall be servedon both the responsible parent and his alleged employer in accordance with theprovisions for service of process set forth in G.S. 1A‑1, Rule 4. Thetime period for answering or otherwise responding to process issued pursuant tothis section shall be in accordance with the time periods set forth in G.S. 1A‑1,Rules of Civil Procedure.

(c)        Following the hearing held pursuant to this section, thecourt may enter an order of garnishment not to exceed forty percent (40%) ofthe responsible parent's monthly disposable earnings. If an order ofgarnishment is entered, a copy of same shall be served on the responsibleparent and the garnishee either personally or by certified or registered mail,return receipt requested. The order shall set forth sufficient findings of factto support the action by the court and the amount to be garnished for each pay period.The amount garnished shall be increased by an additional one dollar ($1.00)processing fee to be assessed and retained by the employer for each paymentunder the order. The order shall be subject to review for modification anddissolution upon the filing of a motion in the cause.

(d)        Upon receipt of an order of garnishment, the garnishee shalltransmit without delay to the State Child Support Collection and DisbursementUnit the amount ordered by the court to be garnished. These funds shall bedisbursed to the party designated by the court which in those cases ofdependent children receiving public assistance shall be the North CarolinaDepartment of Health and Human Services.

(e)        Any garnishee violating the terms of an order of garnishmentshall be subject to punishment as for contempt. (1975, c. 827, s. 1; 1977, 2nd Sess., c. 1186, ss. 11,12; 1979, c. 386, ss. 1‑8; 1983 (Reg. Sess., 1984), c. 1047, s. 1; 1985,c. 660, s. 2; 1997‑443, s. 11A.118(a); 1999‑293, s. 17.)

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