State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-138_1

§ 110‑138.1.  Dutyof judicial officials to assist in obtaining support.

Any party to whom child support has been ordered to be paid, and whohas failed to receive the ordered support payments for two consecutive months,may make application to a magistrate for issuance of criminal process againstthe responsible parent for violation of G.S. 14‑322. If the magistratedetermines that the applicant has failed to receive the ordered support for twoconsecutive months, and that the responsible parent has willfully neglected orrefused to make such payments, he shall make a finding of probable cause andissue criminal process for violation of G.S. 14‑322. It shall be the dutyof the District Attorney to prosecute such charges according to law. It shallbe the duty of the Clerk of Superior Court to assist the applicant in makingsuch application to the magistrate for the issuance of criminal process, and tosupply such necessary child support records as are in his possession to themagistrate, District Attorney, and the Court. (1981, c. 613, s. 4.)