State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_49 > GS_49-7

§49‑7.  Issues and orders.

The court before which thematter may be brought shall determine whether or not the defendant is a parentof the child on whose behalf the proceeding is instituted. After this matterhas been determined in the affirmative, the court shall proceed to determinethe issue as to whether or not the defendant has neglected or refused toprovide adequate support and maintain the child who is the subject of theproceeding. After this matter shall have been determined in the affirmative, thecourt shall fix by order, subject to modification or increase from time totime, a specific sum of money necessary for the support and maintenance of thechild, subject to the limitations of G.S. 50‑13.10. The amount of childsupport shall be determined as provided in G.S. 50‑13.4(c). The orderfixing the sum shall require the defendant to pay it either as a lump sum or inperiodic payments as the circumstances of the case may appear to the court. Thesocial security number, if known, of the minor child's parents shall be placedin the record of the proceeding. Compliance by the defendant with any or all ofthe further provisions of this Article or the order or orders of the courtrequiring additional acts to be performed by the defendant shall not be construedto relieve the defendant of his or her responsibility to pay the sum fixed orany modification or increase thereof.

The court before whom thematter may be brought, on motion of the State or the defendant, shall orderthat the alleged‑parent defendant, the known natural parent, and thechild submit to any blood tests and comparisons which have been developed andadapted for purposes of establishing or disproving parentage and which arereasonably accessible to the alleged‑parent defendant, the known naturalparent, and the child. The results of those blood tests and comparisons,including the statistical likelihood of the alleged parent's parentage, ifavailable, shall be admitted in evidence when offered by a duly qualified,licensed practicing physician, duly qualified immunologist, duly qualifiedgeneticist or other duly qualified person. The evidentiary effect of thoseblood tests and comparisons and the manner in which the expenses therefor areto be taxed as costs shall be as prescribed in G.S. 8‑50.1. In addition,if a jury tries the issue of parentage, they shall be instructed as set out inG.S. 8‑50.1. From a finding on the issue of parentage against the alleged‑parentdefendant, the alleged‑parent defendant has the same right of appeal asthough he or she had been found guilty of the crime of willful failure tosupport an illegitimate child. (1933, c. 228, s. 6; 1937, c.432, s. 2; 1939, c. 217, ss. 1, 4; 1944, c. 40; 1947, c. 1014; 1971, c. 1185,s. 19; 1975, c. 449, s. 3; 1977, c. 3, s. 2; 1979, c. 576, s. 2; 1987, c. 739,s. 1; 1989, c. 529, s. 6; 1997‑433, s. 4.1; 1998‑17, s. 1.)