State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1344_1

§ 15A‑1344.1. Procedureto insure payment of child support.

(a)        When the courtrequires, as a condition of supervised or unsupervised probation, that adefendant support his children, the court may order at any time that supportpayments be made to the State Child Support Collection and Disbursement Unitfor remittance to the party entitled to receive the payments. For child supportorders initially entered on or after January 1, 1994, the immediate incomewithholding provisions of G.S. 110‑136.5(c1) apply. If child support isto be paid through income withholding, the payments shall be made in accordancewith G.S. 110‑139(f).

(b)        After entry of suchan order by the court, the clerk of court shall maintain records listing theamount of payments, the date payments are required to be made, and the namesand addresses of the parties affected by the order.

(c)        The partiesaffected by the order shall inform the clerk of court and the State ChildSupport Collection and Disbursement Unit of any change of address or of othercondition that may affect the administration of the order. The court mayprovide in the order that a defendant failing to inform the court and the StateChild Support Collection and Disbursement Unit of a change of address withinreasonable period of time may be held in violation of probation.

(d)        When a defendant ina non‑IV‑D case, as defined in G.S. 110‑129, fails to makerequired payments of child support and is in arrears, upon notification by theState Child Support Collection and Disbursement Unit the clerk of superiorcourt may mail by regular mail to the last known address of the defendant anotice of delinquency that sets out the amount of child support currently dueand that demands immediate payment of the amount. Failure to receive the delinquencynotice is not a defense in any probation violation hearing or other proceedingthereafter. If the arrearage is not paid in full within 21 days after themailing of the delinquency notice, or is not paid within 30 days after thedefendant becomes delinquent if the clerk has elected not to send a delinquencynotice, the clerk shall certify the amount due to the district attorney andprobation officer, who shall initiate proceedings for revocation of probationpursuant to Article 82 of Chapter 15A or make a motion in the criminal case forincome withholding pursuant to G.S. 110‑136.5 or both.

When a defendant in a IV‑Dcase, as defined in G.S. 110‑129, fails to make required payments ofchild support and is in arrears, at the request of the IV‑D obligee theclerk shall certify the amount due to the district attorney and probationofficer, who shall initiate proceedings for revocation of probation pursuant toArticle 82 of Chapter 15A or make a motion in the criminal case for incomewithholding pursuant to G.S. 110‑136.5 or both. (1983, c. 567, s. 1; 1983(Reg. Sess., 1984), c. 1100, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 949, s. 7;1993, c. 517, s. 4; 1999‑293, ss. 10, 23.)