State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-142_2

§ 110‑142.2. Suspension, revocation, restriction of license to operate a motor vehicle orhunting, fishing, or trapping licenses; refusal of registration of motorvehicle.

(a)        Effective December 1, 1996, notwithstanding any otherprovision of law, when an individual is at least 90 days in arrears in makingchild support payments, or has been found by the court to be not in compliancewith a subpoena issued pursuant to child support or paternity establishmentproceedings, the child support enforcement agency may apply to the court,pursuant to the regular show cause and contempt provisions of G.S. 50‑13.9(d),for an order doing any of the following:

(1)        Revoking the individual's regular or commercial license tooperate a motor vehicle;

(2)        Revoking the individual's hunting, fishing, or trappinglicenses;

(3)        Directing the Department of Transportation, Division ofMotor Vehicles, to refuse, pursuant to G.S. 20‑50.4, to register theindividual's motor vehicle.

(b)        Upon finding that the individual has willfully failed tocomply with the child support order or with a subpoena issued pursuant to childsupport proceedings, and that the obligor is at least 90 days in arrears, orupon a finding that an individual subject to a subpoena issued pursuant tochild support or paternity establishment proceedings has failed to comply withthe subpoena, the court may enter an order instituting the sanctions asprovided in subsection (a) of this section. If an individual is adjudicated tobe in civil or criminal contempt for a third or subsequent time for failure tocomply with a child support order, the court shall enter an order institutingany one or more of the sanctions, if applicable, as provided in subsection (a)of this section. The court may stay the effectiveness of the sanctions uponconditions requiring the obligor to make full payment of the delinquency overtime. Any court‑ordered payment plan under this subsection shall requirethe individual to extinguish the delinquency within a reasonable period oftime. In determining the amount to be applied to the delinquency, the courtshall consider the amount of the debt and the individual's financial ability topay. The payment shall not exceed the limits under G.S. 110‑136.6(b). Theindividual shall make an immediate initial payment representing at least fivepercent (5%) of the total delinquency or five hundred dollars ($500.00),whichever is less. Any stay of an order under this subsection shall also beconditioned upon the obligor's maintenance of current child support. The courtmay stay the effectiveness of the sanctions against an individual subject to asubpoena issued pursuant to child support or paternity establishmentproceedings upon a finding that the individual has complied with or is nolonger subject to the subpoena. Upon entry of an order pursuant to this sectionthat is not stayed, the individual shall surrender any licenses revoked by thecourt's order to the child support enforcement agency and the agency shallforward a report to the appropriate licensing authority within 30 days of theorder.

(c)        If the individual's regular or commercial drivers license isrevoked under this section and the court, after the hearing, makes a findingthat a license to operate a motor vehicle is necessary to the individual's livelihood,the court may issue a limited driving privilege, with those terms andconditions applying as the court shall prescribe. An individual whose licensehas been revoked for reasons not related to this section and whose licenseremains revoked at the time of the hearing shall not be eligible and may not beissued a limited driving privilege. The court may modify or revoke the limiteddriving privilege pursuant to G.S. 20‑179.3(i).

(d)        An individual may file a request with the child supportenforcement agency for certification that the individual is no longerdelinquent in child support payments upon submission of proof satisfactory tothe child support enforcement agency that the individual has paid thedelinquent amount in full. An individual subject to a subpoena issued pursuantto a child support or paternity establishment proceeding may file a requestwith the child support enforcement agency for certification that the individualhas complied with or is no longer subject to the subpoena. The child supportenforcement agency shall provide a form to be used by the individual for arequest for certification. If the child support enforcement agency finds thatthe individual has met the requirements for reinstatement under thissubsection, then the child support enforcement agency shall certify that theindividual is no longer delinquent or that the individual has complied with oris no longer subject to a subpoena issued pursuant to child support orpaternity establishment proceedings and shall provide a copy of thecertification to the individual.

(e)        If licensing privileges are revoked under this section, theindividual may petition the district court for a reinstatement of suchprivileges. The court may order the privileges reinstated conditioned upon fullpayment of the delinquency over time, or. as applicable, may order thereinstatement if the court finds that the individual has complied with or is nolonger subject to the subpoena issued pursuant to paternity establishmentproceedings. Any order allowing license reinstatement shall additionallyrequire the obligor's maintenance of current child support. Upon reinstatementunder this subsection, the child support enforcement agency shall certify thatthe individual is no longer delinquent, or, as applicable, that the individualhas complied with or is no longer subject to the subpoena issued pursuant tochild support or paternity establishment proceedings and shall provide a copyof the certification to the individual, as applicable.

(f)         Upon receipt of certification under subsection (d) or (e)of this section, the Division of Motor Vehicles shall reinstate the license tooperate a motor vehicle in accordance with G.S. 20‑24.1, and remove anyrestriction of the individual's motor vehicle registration.

(g)        Upon receipt of certification under subsection (d) or (e) ofthis section, the licensing board having jurisdiction over the individual'shunting, fishing, or trapping license shall reinstate the license.

(h)        If the court imposes sanctions under subdivision (3) ofsubsection (a) of this section and the sanctions are stayed upon conditions asprovided in subsection (b) of this section, the child support enforcementagency may, without any further application to the court, notify the Divisionof Motor Vehicles if the individual violates the terms and conditions of thestay. The Division shall then take such action as provided in subdivision (3)of subsection (a) of this section. The Division shall not remove anyrestriction of the individual's motor vehicle registration, until receipt ofcertification pursuant to subsection (d) or (e) of this section.

(i)         The Department of Health and Human Services, theAdministrative Office of the Courts, the Division of Motor Vehicles, and theDepartment of Environment and Natural Resources shall work together to developthe forms and procedures necessary for the implementation of this process. (1995, c. 538, s. 1.4; 1997‑433, s. 5.2; 1997‑443,ss. 11A.118(a), 11A.119(a); 1998‑17, s. 1; 1999‑293, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-142_2

§ 110‑142.2. Suspension, revocation, restriction of license to operate a motor vehicle orhunting, fishing, or trapping licenses; refusal of registration of motorvehicle.

(a)        Effective December 1, 1996, notwithstanding any otherprovision of law, when an individual is at least 90 days in arrears in makingchild support payments, or has been found by the court to be not in compliancewith a subpoena issued pursuant to child support or paternity establishmentproceedings, the child support enforcement agency may apply to the court,pursuant to the regular show cause and contempt provisions of G.S. 50‑13.9(d),for an order doing any of the following:

(1)        Revoking the individual's regular or commercial license tooperate a motor vehicle;

(2)        Revoking the individual's hunting, fishing, or trappinglicenses;

(3)        Directing the Department of Transportation, Division ofMotor Vehicles, to refuse, pursuant to G.S. 20‑50.4, to register theindividual's motor vehicle.

(b)        Upon finding that the individual has willfully failed tocomply with the child support order or with a subpoena issued pursuant to childsupport proceedings, and that the obligor is at least 90 days in arrears, orupon a finding that an individual subject to a subpoena issued pursuant tochild support or paternity establishment proceedings has failed to comply withthe subpoena, the court may enter an order instituting the sanctions asprovided in subsection (a) of this section. If an individual is adjudicated tobe in civil or criminal contempt for a third or subsequent time for failure tocomply with a child support order, the court shall enter an order institutingany one or more of the sanctions, if applicable, as provided in subsection (a)of this section. The court may stay the effectiveness of the sanctions uponconditions requiring the obligor to make full payment of the delinquency overtime. Any court‑ordered payment plan under this subsection shall requirethe individual to extinguish the delinquency within a reasonable period oftime. In determining the amount to be applied to the delinquency, the courtshall consider the amount of the debt and the individual's financial ability topay. The payment shall not exceed the limits under G.S. 110‑136.6(b). Theindividual shall make an immediate initial payment representing at least fivepercent (5%) of the total delinquency or five hundred dollars ($500.00),whichever is less. Any stay of an order under this subsection shall also beconditioned upon the obligor's maintenance of current child support. The courtmay stay the effectiveness of the sanctions against an individual subject to asubpoena issued pursuant to child support or paternity establishmentproceedings upon a finding that the individual has complied with or is nolonger subject to the subpoena. Upon entry of an order pursuant to this sectionthat is not stayed, the individual shall surrender any licenses revoked by thecourt's order to the child support enforcement agency and the agency shallforward a report to the appropriate licensing authority within 30 days of theorder.

(c)        If the individual's regular or commercial drivers license isrevoked under this section and the court, after the hearing, makes a findingthat a license to operate a motor vehicle is necessary to the individual's livelihood,the court may issue a limited driving privilege, with those terms andconditions applying as the court shall prescribe. An individual whose licensehas been revoked for reasons not related to this section and whose licenseremains revoked at the time of the hearing shall not be eligible and may not beissued a limited driving privilege. The court may modify or revoke the limiteddriving privilege pursuant to G.S. 20‑179.3(i).

(d)        An individual may file a request with the child supportenforcement agency for certification that the individual is no longerdelinquent in child support payments upon submission of proof satisfactory tothe child support enforcement agency that the individual has paid thedelinquent amount in full. An individual subject to a subpoena issued pursuantto a child support or paternity establishment proceeding may file a requestwith the child support enforcement agency for certification that the individualhas complied with or is no longer subject to the subpoena. The child supportenforcement agency shall provide a form to be used by the individual for arequest for certification. If the child support enforcement agency finds thatthe individual has met the requirements for reinstatement under thissubsection, then the child support enforcement agency shall certify that theindividual is no longer delinquent or that the individual has complied with oris no longer subject to a subpoena issued pursuant to child support orpaternity establishment proceedings and shall provide a copy of thecertification to the individual.

(e)        If licensing privileges are revoked under this section, theindividual may petition the district court for a reinstatement of suchprivileges. The court may order the privileges reinstated conditioned upon fullpayment of the delinquency over time, or. as applicable, may order thereinstatement if the court finds that the individual has complied with or is nolonger subject to the subpoena issued pursuant to paternity establishmentproceedings. Any order allowing license reinstatement shall additionallyrequire the obligor's maintenance of current child support. Upon reinstatementunder this subsection, the child support enforcement agency shall certify thatthe individual is no longer delinquent, or, as applicable, that the individualhas complied with or is no longer subject to the subpoena issued pursuant tochild support or paternity establishment proceedings and shall provide a copyof the certification to the individual, as applicable.

(f)         Upon receipt of certification under subsection (d) or (e)of this section, the Division of Motor Vehicles shall reinstate the license tooperate a motor vehicle in accordance with G.S. 20‑24.1, and remove anyrestriction of the individual's motor vehicle registration.

(g)        Upon receipt of certification under subsection (d) or (e) ofthis section, the licensing board having jurisdiction over the individual'shunting, fishing, or trapping license shall reinstate the license.

(h)        If the court imposes sanctions under subdivision (3) ofsubsection (a) of this section and the sanctions are stayed upon conditions asprovided in subsection (b) of this section, the child support enforcementagency may, without any further application to the court, notify the Divisionof Motor Vehicles if the individual violates the terms and conditions of thestay. The Division shall then take such action as provided in subdivision (3)of subsection (a) of this section. The Division shall not remove anyrestriction of the individual's motor vehicle registration, until receipt ofcertification pursuant to subsection (d) or (e) of this section.

(i)         The Department of Health and Human Services, theAdministrative Office of the Courts, the Division of Motor Vehicles, and theDepartment of Environment and Natural Resources shall work together to developthe forms and procedures necessary for the implementation of this process. (1995, c. 538, s. 1.4; 1997‑433, s. 5.2; 1997‑443,ss. 11A.118(a), 11A.119(a); 1998‑17, s. 1; 1999‑293, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-142_2

§ 110‑142.2. Suspension, revocation, restriction of license to operate a motor vehicle orhunting, fishing, or trapping licenses; refusal of registration of motorvehicle.

(a)        Effective December 1, 1996, notwithstanding any otherprovision of law, when an individual is at least 90 days in arrears in makingchild support payments, or has been found by the court to be not in compliancewith a subpoena issued pursuant to child support or paternity establishmentproceedings, the child support enforcement agency may apply to the court,pursuant to the regular show cause and contempt provisions of G.S. 50‑13.9(d),for an order doing any of the following:

(1)        Revoking the individual's regular or commercial license tooperate a motor vehicle;

(2)        Revoking the individual's hunting, fishing, or trappinglicenses;

(3)        Directing the Department of Transportation, Division ofMotor Vehicles, to refuse, pursuant to G.S. 20‑50.4, to register theindividual's motor vehicle.

(b)        Upon finding that the individual has willfully failed tocomply with the child support order or with a subpoena issued pursuant to childsupport proceedings, and that the obligor is at least 90 days in arrears, orupon a finding that an individual subject to a subpoena issued pursuant tochild support or paternity establishment proceedings has failed to comply withthe subpoena, the court may enter an order instituting the sanctions asprovided in subsection (a) of this section. If an individual is adjudicated tobe in civil or criminal contempt for a third or subsequent time for failure tocomply with a child support order, the court shall enter an order institutingany one or more of the sanctions, if applicable, as provided in subsection (a)of this section. The court may stay the effectiveness of the sanctions uponconditions requiring the obligor to make full payment of the delinquency overtime. Any court‑ordered payment plan under this subsection shall requirethe individual to extinguish the delinquency within a reasonable period oftime. In determining the amount to be applied to the delinquency, the courtshall consider the amount of the debt and the individual's financial ability topay. The payment shall not exceed the limits under G.S. 110‑136.6(b). Theindividual shall make an immediate initial payment representing at least fivepercent (5%) of the total delinquency or five hundred dollars ($500.00),whichever is less. Any stay of an order under this subsection shall also beconditioned upon the obligor's maintenance of current child support. The courtmay stay the effectiveness of the sanctions against an individual subject to asubpoena issued pursuant to child support or paternity establishmentproceedings upon a finding that the individual has complied with or is nolonger subject to the subpoena. Upon entry of an order pursuant to this sectionthat is not stayed, the individual shall surrender any licenses revoked by thecourt's order to the child support enforcement agency and the agency shallforward a report to the appropriate licensing authority within 30 days of theorder.

(c)        If the individual's regular or commercial drivers license isrevoked under this section and the court, after the hearing, makes a findingthat a license to operate a motor vehicle is necessary to the individual's livelihood,the court may issue a limited driving privilege, with those terms andconditions applying as the court shall prescribe. An individual whose licensehas been revoked for reasons not related to this section and whose licenseremains revoked at the time of the hearing shall not be eligible and may not beissued a limited driving privilege. The court may modify or revoke the limiteddriving privilege pursuant to G.S. 20‑179.3(i).

(d)        An individual may file a request with the child supportenforcement agency for certification that the individual is no longerdelinquent in child support payments upon submission of proof satisfactory tothe child support enforcement agency that the individual has paid thedelinquent amount in full. An individual subject to a subpoena issued pursuantto a child support or paternity establishment proceeding may file a requestwith the child support enforcement agency for certification that the individualhas complied with or is no longer subject to the subpoena. The child supportenforcement agency shall provide a form to be used by the individual for arequest for certification. If the child support enforcement agency finds thatthe individual has met the requirements for reinstatement under thissubsection, then the child support enforcement agency shall certify that theindividual is no longer delinquent or that the individual has complied with oris no longer subject to a subpoena issued pursuant to child support orpaternity establishment proceedings and shall provide a copy of thecertification to the individual.

(e)        If licensing privileges are revoked under this section, theindividual may petition the district court for a reinstatement of suchprivileges. The court may order the privileges reinstated conditioned upon fullpayment of the delinquency over time, or. as applicable, may order thereinstatement if the court finds that the individual has complied with or is nolonger subject to the subpoena issued pursuant to paternity establishmentproceedings. Any order allowing license reinstatement shall additionallyrequire the obligor's maintenance of current child support. Upon reinstatementunder this subsection, the child support enforcement agency shall certify thatthe individual is no longer delinquent, or, as applicable, that the individualhas complied with or is no longer subject to the subpoena issued pursuant tochild support or paternity establishment proceedings and shall provide a copyof the certification to the individual, as applicable.

(f)         Upon receipt of certification under subsection (d) or (e)of this section, the Division of Motor Vehicles shall reinstate the license tooperate a motor vehicle in accordance with G.S. 20‑24.1, and remove anyrestriction of the individual's motor vehicle registration.

(g)        Upon receipt of certification under subsection (d) or (e) ofthis section, the licensing board having jurisdiction over the individual'shunting, fishing, or trapping license shall reinstate the license.

(h)        If the court imposes sanctions under subdivision (3) ofsubsection (a) of this section and the sanctions are stayed upon conditions asprovided in subsection (b) of this section, the child support enforcementagency may, without any further application to the court, notify the Divisionof Motor Vehicles if the individual violates the terms and conditions of thestay. The Division shall then take such action as provided in subdivision (3)of subsection (a) of this section. The Division shall not remove anyrestriction of the individual's motor vehicle registration, until receipt ofcertification pursuant to subsection (d) or (e) of this section.

(i)         The Department of Health and Human Services, theAdministrative Office of the Courts, the Division of Motor Vehicles, and theDepartment of Environment and Natural Resources shall work together to developthe forms and procedures necessary for the implementation of this process. (1995, c. 538, s. 1.4; 1997‑433, s. 5.2; 1997‑443,ss. 11A.118(a), 11A.119(a); 1998‑17, s. 1; 1999‑293, s. 2.)

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