State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_8

§ 110‑136.8. Notice to payor; payor's responsibilities.

(a)        Contents of notice. Notice to a payor of his obligation towithhold shall include information regarding the payor's rights andresponsibilities, the amount of disposable income attributable to that payor onwhich that withholding is based, the penalties under this section, and themaximum percentages of disposable income that may be withheld as provided inG.S. 110‑136.6.

(b)        Payor's responsibilities. A payor who has been properlyserved with a notice to withhold is required to:

(1)        Withhold from the obligor's disposable income and, within 7business days of the date the obligor is paid, send to the State Child SupportCollection and Disbursement Unit the amount specified in the notice and thedate the amount was withheld, but in no event more than the amount allowed byG.S. 110‑136.6; however, if a lesser amount of disposable income isavailable for any pay period, the payor shall either:

a.         Compute, and send the appropriate amount to the State ChildSupport Collection and Disbursement Unit, using the percentages as provided inG.S. 110‑136.6; or

b.         Request the initiating party to inform the payor of theproper amount to be withheld for that period;

(2)        Continue withholding until further notice from the IV‑Dagency, the clerk of superior court, or the State Child Support Collection andDisbursement Unit;

(3)        Withhold for child support before withholding pursuant toany other legal process under State law against the same disposable income;

(4)        Begin withholding from the first payment due the obligor inthe first pay period that occurs 14 days following the date the notice of theobligation to withhold was served on the payor;

(5)        Promptly notify the obligee in a IV‑D case, or theclerk of superior court or the State Child Support Collection and DisbursementUnit in a non‑IV‑D case, in writing:

a.         If there are one or more orders of child support withholdingfor the obligor;

a1.       If there are one or more orders of alimony or postseparationsupport withholding for the obligor;

b.         When the obligor terminates employment or otherwise ceasesto be entitled to disposable income from the payor, and provide the obligor'slast known address, and the name and address of his new employer, if known;

c.         Of the payor's inability to comply with the withholding forany reason; and

(6)        Cooperate fully with the initiating party in theverification of the amount of the obligor's disposable income.

(c)        Change in obligor's employment. If the obligor changesemployment within the State when withholding is in effect, the requirement forwithholding shall continue, and

(1)        In a IV‑D case, the IV‑D obligee shall make anynecessary adjustments to the withholding, notify the obligor and his newemployer in accordance with this section, and file a copy of the adjustedwithholding with the clerk of superior court;

(2)        In a non‑IV‑D case, the clerk shall serve anotice of obligation to withhold according to the terms of the withholdingorder on the new employer and on the obligor; if the obligor or payor givesnotice that an adjustment to the withholding order, other than the change inpayor, is needed, the matter shall be scheduled for hearing before a childsupport hearing officer or district court judge who shall make any necessary adjustmentsto the withholding.

(d)        The payor may combine amounts withheld from obligors'disposable incomes in a single payment to the State Child Support Collectionand Disbursement Unit if the payor separately identifies by name and casenumber the portion of the single payment attributable to each individualobligor and the date that each payment was withheld from the obligor'sdisposable income.

(e)        Prohibited conduct by payor; civil penalty. Notwithstandingany other provision of law, when a court finds, pursuant to a motion in thecause filed by the initiating party joining the payor as a third partydefendant, with 30 days notice to answer the motion, that a payor has willfullyrefused to comply with the provisions of this section, such payor shall be orderedto commence withholding and shall be held liable to the initiating party forany amount which such payor should have withheld, except that such payor shallnot be required to vary the normal pay or disbursement cycles in order tocomply with these provisions.

A payor shall not discharge from employment, refuse to employ, orotherwise take disciplinary action against any obligor solely because of thewithholding. When a court finds that a payor has taken any of these actions,the payor shall be liable for a civil penalty. For a first offense, the civilpenalty shall be one hundred dollars ($100.00). For second and third offenses,the civil penalty shall be five hundred dollars ($500.00) and one thousanddollars ($1,000), respectively. Any payor who violates any provision of thisparagraph shall be liable in a civil action for reasonable damages suffered byan obligor as a result of the violation, and an obligor discharged or demotedin violation of this paragraph shall be entitled to be reinstated to his formerposition. The statute of limitations for actions under this subsection shall beone year pursuant to G.S. 1‑54.

The clear proceeds of civil penalties provided for in this subsectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.

(f)         Any payor who withholds the sum provided in any notice ororder to the payor shall not be liable for any penalties under this section. (1985 (Reg. Sess., 1986), c. 949, s. 2; 1987, c. 589,s. 2; 1991, c. 541, ss. 1, 2; 1997‑433, s. 6; 1997‑465, s. 27; 1998‑17,s. 1; 1998‑176, s. 7; 1998‑215, s. 76; 1999‑293, ss. 19, 20.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_8

§ 110‑136.8. Notice to payor; payor's responsibilities.

(a)        Contents of notice. Notice to a payor of his obligation towithhold shall include information regarding the payor's rights andresponsibilities, the amount of disposable income attributable to that payor onwhich that withholding is based, the penalties under this section, and themaximum percentages of disposable income that may be withheld as provided inG.S. 110‑136.6.

(b)        Payor's responsibilities. A payor who has been properlyserved with a notice to withhold is required to:

(1)        Withhold from the obligor's disposable income and, within 7business days of the date the obligor is paid, send to the State Child SupportCollection and Disbursement Unit the amount specified in the notice and thedate the amount was withheld, but in no event more than the amount allowed byG.S. 110‑136.6; however, if a lesser amount of disposable income isavailable for any pay period, the payor shall either:

a.         Compute, and send the appropriate amount to the State ChildSupport Collection and Disbursement Unit, using the percentages as provided inG.S. 110‑136.6; or

b.         Request the initiating party to inform the payor of theproper amount to be withheld for that period;

(2)        Continue withholding until further notice from the IV‑Dagency, the clerk of superior court, or the State Child Support Collection andDisbursement Unit;

(3)        Withhold for child support before withholding pursuant toany other legal process under State law against the same disposable income;

(4)        Begin withholding from the first payment due the obligor inthe first pay period that occurs 14 days following the date the notice of theobligation to withhold was served on the payor;

(5)        Promptly notify the obligee in a IV‑D case, or theclerk of superior court or the State Child Support Collection and DisbursementUnit in a non‑IV‑D case, in writing:

a.         If there are one or more orders of child support withholdingfor the obligor;

a1.       If there are one or more orders of alimony or postseparationsupport withholding for the obligor;

b.         When the obligor terminates employment or otherwise ceasesto be entitled to disposable income from the payor, and provide the obligor'slast known address, and the name and address of his new employer, if known;

c.         Of the payor's inability to comply with the withholding forany reason; and

(6)        Cooperate fully with the initiating party in theverification of the amount of the obligor's disposable income.

(c)        Change in obligor's employment. If the obligor changesemployment within the State when withholding is in effect, the requirement forwithholding shall continue, and

(1)        In a IV‑D case, the IV‑D obligee shall make anynecessary adjustments to the withholding, notify the obligor and his newemployer in accordance with this section, and file a copy of the adjustedwithholding with the clerk of superior court;

(2)        In a non‑IV‑D case, the clerk shall serve anotice of obligation to withhold according to the terms of the withholdingorder on the new employer and on the obligor; if the obligor or payor givesnotice that an adjustment to the withholding order, other than the change inpayor, is needed, the matter shall be scheduled for hearing before a childsupport hearing officer or district court judge who shall make any necessary adjustmentsto the withholding.

(d)        The payor may combine amounts withheld from obligors'disposable incomes in a single payment to the State Child Support Collectionand Disbursement Unit if the payor separately identifies by name and casenumber the portion of the single payment attributable to each individualobligor and the date that each payment was withheld from the obligor'sdisposable income.

(e)        Prohibited conduct by payor; civil penalty. Notwithstandingany other provision of law, when a court finds, pursuant to a motion in thecause filed by the initiating party joining the payor as a third partydefendant, with 30 days notice to answer the motion, that a payor has willfullyrefused to comply with the provisions of this section, such payor shall be orderedto commence withholding and shall be held liable to the initiating party forany amount which such payor should have withheld, except that such payor shallnot be required to vary the normal pay or disbursement cycles in order tocomply with these provisions.

A payor shall not discharge from employment, refuse to employ, orotherwise take disciplinary action against any obligor solely because of thewithholding. When a court finds that a payor has taken any of these actions,the payor shall be liable for a civil penalty. For a first offense, the civilpenalty shall be one hundred dollars ($100.00). For second and third offenses,the civil penalty shall be five hundred dollars ($500.00) and one thousanddollars ($1,000), respectively. Any payor who violates any provision of thisparagraph shall be liable in a civil action for reasonable damages suffered byan obligor as a result of the violation, and an obligor discharged or demotedin violation of this paragraph shall be entitled to be reinstated to his formerposition. The statute of limitations for actions under this subsection shall beone year pursuant to G.S. 1‑54.

The clear proceeds of civil penalties provided for in this subsectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.

(f)         Any payor who withholds the sum provided in any notice ororder to the payor shall not be liable for any penalties under this section. (1985 (Reg. Sess., 1986), c. 949, s. 2; 1987, c. 589,s. 2; 1991, c. 541, ss. 1, 2; 1997‑433, s. 6; 1997‑465, s. 27; 1998‑17,s. 1; 1998‑176, s. 7; 1998‑215, s. 76; 1999‑293, ss. 19, 20.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_8

§ 110‑136.8. Notice to payor; payor's responsibilities.

(a)        Contents of notice. Notice to a payor of his obligation towithhold shall include information regarding the payor's rights andresponsibilities, the amount of disposable income attributable to that payor onwhich that withholding is based, the penalties under this section, and themaximum percentages of disposable income that may be withheld as provided inG.S. 110‑136.6.

(b)        Payor's responsibilities. A payor who has been properlyserved with a notice to withhold is required to:

(1)        Withhold from the obligor's disposable income and, within 7business days of the date the obligor is paid, send to the State Child SupportCollection and Disbursement Unit the amount specified in the notice and thedate the amount was withheld, but in no event more than the amount allowed byG.S. 110‑136.6; however, if a lesser amount of disposable income isavailable for any pay period, the payor shall either:

a.         Compute, and send the appropriate amount to the State ChildSupport Collection and Disbursement Unit, using the percentages as provided inG.S. 110‑136.6; or

b.         Request the initiating party to inform the payor of theproper amount to be withheld for that period;

(2)        Continue withholding until further notice from the IV‑Dagency, the clerk of superior court, or the State Child Support Collection andDisbursement Unit;

(3)        Withhold for child support before withholding pursuant toany other legal process under State law against the same disposable income;

(4)        Begin withholding from the first payment due the obligor inthe first pay period that occurs 14 days following the date the notice of theobligation to withhold was served on the payor;

(5)        Promptly notify the obligee in a IV‑D case, or theclerk of superior court or the State Child Support Collection and DisbursementUnit in a non‑IV‑D case, in writing:

a.         If there are one or more orders of child support withholdingfor the obligor;

a1.       If there are one or more orders of alimony or postseparationsupport withholding for the obligor;

b.         When the obligor terminates employment or otherwise ceasesto be entitled to disposable income from the payor, and provide the obligor'slast known address, and the name and address of his new employer, if known;

c.         Of the payor's inability to comply with the withholding forany reason; and

(6)        Cooperate fully with the initiating party in theverification of the amount of the obligor's disposable income.

(c)        Change in obligor's employment. If the obligor changesemployment within the State when withholding is in effect, the requirement forwithholding shall continue, and

(1)        In a IV‑D case, the IV‑D obligee shall make anynecessary adjustments to the withholding, notify the obligor and his newemployer in accordance with this section, and file a copy of the adjustedwithholding with the clerk of superior court;

(2)        In a non‑IV‑D case, the clerk shall serve anotice of obligation to withhold according to the terms of the withholdingorder on the new employer and on the obligor; if the obligor or payor givesnotice that an adjustment to the withholding order, other than the change inpayor, is needed, the matter shall be scheduled for hearing before a childsupport hearing officer or district court judge who shall make any necessary adjustmentsto the withholding.

(d)        The payor may combine amounts withheld from obligors'disposable incomes in a single payment to the State Child Support Collectionand Disbursement Unit if the payor separately identifies by name and casenumber the portion of the single payment attributable to each individualobligor and the date that each payment was withheld from the obligor'sdisposable income.

(e)        Prohibited conduct by payor; civil penalty. Notwithstandingany other provision of law, when a court finds, pursuant to a motion in thecause filed by the initiating party joining the payor as a third partydefendant, with 30 days notice to answer the motion, that a payor has willfullyrefused to comply with the provisions of this section, such payor shall be orderedto commence withholding and shall be held liable to the initiating party forany amount which such payor should have withheld, except that such payor shallnot be required to vary the normal pay or disbursement cycles in order tocomply with these provisions.

A payor shall not discharge from employment, refuse to employ, orotherwise take disciplinary action against any obligor solely because of thewithholding. When a court finds that a payor has taken any of these actions,the payor shall be liable for a civil penalty. For a first offense, the civilpenalty shall be one hundred dollars ($100.00). For second and third offenses,the civil penalty shall be five hundred dollars ($500.00) and one thousanddollars ($1,000), respectively. Any payor who violates any provision of thisparagraph shall be liable in a civil action for reasonable damages suffered byan obligor as a result of the violation, and an obligor discharged or demotedin violation of this paragraph shall be entitled to be reinstated to his formerposition. The statute of limitations for actions under this subsection shall beone year pursuant to G.S. 1‑54.

The clear proceeds of civil penalties provided for in this subsectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.

(f)         Any payor who withholds the sum provided in any notice ororder to the payor shall not be liable for any penalties under this section. (1985 (Reg. Sess., 1986), c. 949, s. 2; 1987, c. 589,s. 2; 1991, c. 541, ss. 1, 2; 1997‑433, s. 6; 1997‑465, s. 27; 1998‑17,s. 1; 1998‑176, s. 7; 1998‑215, s. 76; 1999‑293, ss. 19, 20.)

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