State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_12

§50‑13.12.  Forfeiture of licensing privileges for failure to pay childsupport or for failure to comply with subpoena issued pursuant to child supportor paternity establishment proceedings.

(a)        As used in thissection, the term:

(1)        "Licensingboard" means a department, division, agency, officer, board, or other unitof state government that issues hunting, fishing, trapping, drivers, oroccupational licenses or licensing privileges.

(2)        "Licensingprivilege" means the privilege of an individual to be authorized to engagein an activity as evidenced by hunting, fishing, or trapping licenses, regularand commercial drivers licenses, and occupational, professional, and businesslicenses.

(3)        "Obligee"means the individual or agency to whom a duty of support is owed or theindividual's legal representative.

(4)        "Obligor"means the individual who owes a duty to make child support payments under acourt order.

(5)        "Occupationallicense" means a license, certificate, permit, registration, or any otherauthorization issued by a licensing board that allows an obligor to engage inan occupation or profession.

(b)        Upon a finding bythe district court judge that the obligor is willfully delinquent in childsupport payments equal to at least one month's child support, or upon a findingthat a person has willfully failed to comply with a subpoena issued pursuant toa child support or paternity establishment proceeding, and upon findings as toany specific licensing privileges held by the obligor or held by the person subjectto the subpoena, the court may revoke some or all of such privileges until theobligor shall have paid the delinquent amount in full, or, as applicable, untilthe person subject to the subpoena has complied with the subpoena. The courtmay stay any such revocation pertaining to the obligor upon conditionsrequiring the obligor to make full payment of the delinquency over time. Anysuch stay shall further be conditioned upon the obligor's maintenance ofcurrent child support. The court may stay the revocation pertaining to theperson subject to the subpoena upon a finding that the person has complied withor is no longer subject to the subpoena. Upon an order revoking such privilegesof an obligor that does not stay the revocation, the clerk of superior courtshall notify the appropriate licensing board that the obligor is delinquent inchild support payments and that the obligor's licensing privileges are revokeduntil such time as the licensing board receives proof of certification by theclerk that the obligor is no longer delinquent in child support payments. Uponan order revoking such privileges of a person subject to the subpoena that doesnot stay the revocation, the clerk of superior court shall notify theappropriate licensing board that the person has failed to comply with thesubpoena issued pursuant to a child support or paternity establishmentproceeding and that the person's licensing privileges are revoked until suchtime as the licensing board receives proof of certification by the clerk thatthe person is in compliance with or no longer subject to the subpoena.

(c)        An obligor may filea request with the clerk of superior court for certification that the obligoris no longer delinquent in child support payments upon submission of proofsatisfactory to the clerk that the obligor has paid the delinquent amount infull. A person whose licensing privileges have been revoked under subsection(b) of this section because of a willful failure to comply with a subpoena mayfile a request with the clerk of superior court for certification that theperson has met the requirements of or is no longer subject to the subpoena. Theclerk shall provide a form to be used for a request for certification. If theclerk finds that the obligor has met the requirements for reinstatement underthis subsection, then the clerk shall certify that the obligor is no longerdelinquent and shall provide a copy of the certification to the obligor. Uponrequest of the obligor, the clerk shall mail a copy of the certification to theappropriate licensing board. If the clerk finds that the person whose licensingprivileges have been revoked under subsection (b) of this section for failureto comply with a subpoena has complied with or is no longer subject to thesubpoena, then the clerk shall certify that the person has met the requirementsof or is no longer subject to the subpoena and shall provide a copy of thecertification to the person. Upon request of the person, the clerk shall mail acopy of the certification to the appropriate licensing board.

(d)        If licensingprivileges are revoked under this section, the obligor may petition thedistrict court for a reinstatement of such privileges. The court may order theprivileges reinstated conditioned upon full payment of the delinquency overtime. Any order allowing license reinstatement shall additionally require theobligor's maintenance of current child support. If the licensing privileges ofa person other than the obligor are revoked under this section for failure tocomply with a subpoena, the person may petition the district court forreinstatement of the privileges. The court may order the privileges reinstatedif the person has complied with or is no longer subject to the subpoena thatwas the basis for revocation. Upon reinstatement under this subsection, theclerk of superior court shall certify that the obligor is no longer delinquentand provide a copy of the certification to the obligor. Upon request of theobligor, the clerk shall mail a copy of the certification to the appropriatelicensing board. Upon reinstatement of the person whose licensing privilegeswere revoked based on failure to comply with a subpoena, the clerk of superiorcourt shall certify that the person has complied with or is no longer subjectto the subpoena. Upon request of the person whose licensing privileges arereinstated, the clerk shall mail a copy of the certification to the appropriatelicensing board.

(e)        An obligor or otherperson whose licensing privileges are reinstated under this section may providea copy of the certification set forth in either subsection (c) or (d) to eachlicensing agency to which the obligor or other person applies for reinstatementof licensing privileges. Upon request of the obligor or other person, the clerkshall mail a copy of the certification to the appropriate licensing board. Uponreceipt of a copy of the certification, the licensing board shall reinstate thelicense.

(f)         Upon receipt ofnotification by the clerk that an obligor's or other person's licensing privilegesare revoked pursuant to this section, the board shall note the revocation onits records and take all necessary steps to implement and enforce therevocation. These steps shall not include the board's independent revocationprocess pursuant to Chapter 150B of the General Statutes, the AdministrativeProcedure Act, which process is replaced by the court process prescribed bythis section. The revocation pertaining to an obligor shall remain in fullforce and effect until the board receives certification under this section thatthe obligor is no longer delinquent in child support payments. The revocationpertaining to the person whose licensing privileges were revoked on the basisof failure to comply with a subpoena shall remain in full force and effectuntil the board receives certification of reinstatement under subsection (d) ofthis section. (1995, c. 538, ss. 1, 1.1; 1997‑433, s. 5.3;1998‑17, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_12

§50‑13.12.  Forfeiture of licensing privileges for failure to pay childsupport or for failure to comply with subpoena issued pursuant to child supportor paternity establishment proceedings.

(a)        As used in thissection, the term:

(1)        "Licensingboard" means a department, division, agency, officer, board, or other unitof state government that issues hunting, fishing, trapping, drivers, oroccupational licenses or licensing privileges.

(2)        "Licensingprivilege" means the privilege of an individual to be authorized to engagein an activity as evidenced by hunting, fishing, or trapping licenses, regularand commercial drivers licenses, and occupational, professional, and businesslicenses.

(3)        "Obligee"means the individual or agency to whom a duty of support is owed or theindividual's legal representative.

(4)        "Obligor"means the individual who owes a duty to make child support payments under acourt order.

(5)        "Occupationallicense" means a license, certificate, permit, registration, or any otherauthorization issued by a licensing board that allows an obligor to engage inan occupation or profession.

(b)        Upon a finding bythe district court judge that the obligor is willfully delinquent in childsupport payments equal to at least one month's child support, or upon a findingthat a person has willfully failed to comply with a subpoena issued pursuant toa child support or paternity establishment proceeding, and upon findings as toany specific licensing privileges held by the obligor or held by the person subjectto the subpoena, the court may revoke some or all of such privileges until theobligor shall have paid the delinquent amount in full, or, as applicable, untilthe person subject to the subpoena has complied with the subpoena. The courtmay stay any such revocation pertaining to the obligor upon conditionsrequiring the obligor to make full payment of the delinquency over time. Anysuch stay shall further be conditioned upon the obligor's maintenance ofcurrent child support. The court may stay the revocation pertaining to theperson subject to the subpoena upon a finding that the person has complied withor is no longer subject to the subpoena. Upon an order revoking such privilegesof an obligor that does not stay the revocation, the clerk of superior courtshall notify the appropriate licensing board that the obligor is delinquent inchild support payments and that the obligor's licensing privileges are revokeduntil such time as the licensing board receives proof of certification by theclerk that the obligor is no longer delinquent in child support payments. Uponan order revoking such privileges of a person subject to the subpoena that doesnot stay the revocation, the clerk of superior court shall notify theappropriate licensing board that the person has failed to comply with thesubpoena issued pursuant to a child support or paternity establishmentproceeding and that the person's licensing privileges are revoked until suchtime as the licensing board receives proof of certification by the clerk thatthe person is in compliance with or no longer subject to the subpoena.

(c)        An obligor may filea request with the clerk of superior court for certification that the obligoris no longer delinquent in child support payments upon submission of proofsatisfactory to the clerk that the obligor has paid the delinquent amount infull. A person whose licensing privileges have been revoked under subsection(b) of this section because of a willful failure to comply with a subpoena mayfile a request with the clerk of superior court for certification that theperson has met the requirements of or is no longer subject to the subpoena. Theclerk shall provide a form to be used for a request for certification. If theclerk finds that the obligor has met the requirements for reinstatement underthis subsection, then the clerk shall certify that the obligor is no longerdelinquent and shall provide a copy of the certification to the obligor. Uponrequest of the obligor, the clerk shall mail a copy of the certification to theappropriate licensing board. If the clerk finds that the person whose licensingprivileges have been revoked under subsection (b) of this section for failureto comply with a subpoena has complied with or is no longer subject to thesubpoena, then the clerk shall certify that the person has met the requirementsof or is no longer subject to the subpoena and shall provide a copy of thecertification to the person. Upon request of the person, the clerk shall mail acopy of the certification to the appropriate licensing board.

(d)        If licensingprivileges are revoked under this section, the obligor may petition thedistrict court for a reinstatement of such privileges. The court may order theprivileges reinstated conditioned upon full payment of the delinquency overtime. Any order allowing license reinstatement shall additionally require theobligor's maintenance of current child support. If the licensing privileges ofa person other than the obligor are revoked under this section for failure tocomply with a subpoena, the person may petition the district court forreinstatement of the privileges. The court may order the privileges reinstatedif the person has complied with or is no longer subject to the subpoena thatwas the basis for revocation. Upon reinstatement under this subsection, theclerk of superior court shall certify that the obligor is no longer delinquentand provide a copy of the certification to the obligor. Upon request of theobligor, the clerk shall mail a copy of the certification to the appropriatelicensing board. Upon reinstatement of the person whose licensing privilegeswere revoked based on failure to comply with a subpoena, the clerk of superiorcourt shall certify that the person has complied with or is no longer subjectto the subpoena. Upon request of the person whose licensing privileges arereinstated, the clerk shall mail a copy of the certification to the appropriatelicensing board.

(e)        An obligor or otherperson whose licensing privileges are reinstated under this section may providea copy of the certification set forth in either subsection (c) or (d) to eachlicensing agency to which the obligor or other person applies for reinstatementof licensing privileges. Upon request of the obligor or other person, the clerkshall mail a copy of the certification to the appropriate licensing board. Uponreceipt of a copy of the certification, the licensing board shall reinstate thelicense.

(f)         Upon receipt ofnotification by the clerk that an obligor's or other person's licensing privilegesare revoked pursuant to this section, the board shall note the revocation onits records and take all necessary steps to implement and enforce therevocation. These steps shall not include the board's independent revocationprocess pursuant to Chapter 150B of the General Statutes, the AdministrativeProcedure Act, which process is replaced by the court process prescribed bythis section. The revocation pertaining to an obligor shall remain in fullforce and effect until the board receives certification under this section thatthe obligor is no longer delinquent in child support payments. The revocationpertaining to the person whose licensing privileges were revoked on the basisof failure to comply with a subpoena shall remain in full force and effectuntil the board receives certification of reinstatement under subsection (d) ofthis section. (1995, c. 538, ss. 1, 1.1; 1997‑433, s. 5.3;1998‑17, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_12

§50‑13.12.  Forfeiture of licensing privileges for failure to pay childsupport or for failure to comply with subpoena issued pursuant to child supportor paternity establishment proceedings.

(a)        As used in thissection, the term:

(1)        "Licensingboard" means a department, division, agency, officer, board, or other unitof state government that issues hunting, fishing, trapping, drivers, oroccupational licenses or licensing privileges.

(2)        "Licensingprivilege" means the privilege of an individual to be authorized to engagein an activity as evidenced by hunting, fishing, or trapping licenses, regularand commercial drivers licenses, and occupational, professional, and businesslicenses.

(3)        "Obligee"means the individual or agency to whom a duty of support is owed or theindividual's legal representative.

(4)        "Obligor"means the individual who owes a duty to make child support payments under acourt order.

(5)        "Occupationallicense" means a license, certificate, permit, registration, or any otherauthorization issued by a licensing board that allows an obligor to engage inan occupation or profession.

(b)        Upon a finding bythe district court judge that the obligor is willfully delinquent in childsupport payments equal to at least one month's child support, or upon a findingthat a person has willfully failed to comply with a subpoena issued pursuant toa child support or paternity establishment proceeding, and upon findings as toany specific licensing privileges held by the obligor or held by the person subjectto the subpoena, the court may revoke some or all of such privileges until theobligor shall have paid the delinquent amount in full, or, as applicable, untilthe person subject to the subpoena has complied with the subpoena. The courtmay stay any such revocation pertaining to the obligor upon conditionsrequiring the obligor to make full payment of the delinquency over time. Anysuch stay shall further be conditioned upon the obligor's maintenance ofcurrent child support. The court may stay the revocation pertaining to theperson subject to the subpoena upon a finding that the person has complied withor is no longer subject to the subpoena. Upon an order revoking such privilegesof an obligor that does not stay the revocation, the clerk of superior courtshall notify the appropriate licensing board that the obligor is delinquent inchild support payments and that the obligor's licensing privileges are revokeduntil such time as the licensing board receives proof of certification by theclerk that the obligor is no longer delinquent in child support payments. Uponan order revoking such privileges of a person subject to the subpoena that doesnot stay the revocation, the clerk of superior court shall notify theappropriate licensing board that the person has failed to comply with thesubpoena issued pursuant to a child support or paternity establishmentproceeding and that the person's licensing privileges are revoked until suchtime as the licensing board receives proof of certification by the clerk thatthe person is in compliance with or no longer subject to the subpoena.

(c)        An obligor may filea request with the clerk of superior court for certification that the obligoris no longer delinquent in child support payments upon submission of proofsatisfactory to the clerk that the obligor has paid the delinquent amount infull. A person whose licensing privileges have been revoked under subsection(b) of this section because of a willful failure to comply with a subpoena mayfile a request with the clerk of superior court for certification that theperson has met the requirements of or is no longer subject to the subpoena. Theclerk shall provide a form to be used for a request for certification. If theclerk finds that the obligor has met the requirements for reinstatement underthis subsection, then the clerk shall certify that the obligor is no longerdelinquent and shall provide a copy of the certification to the obligor. Uponrequest of the obligor, the clerk shall mail a copy of the certification to theappropriate licensing board. If the clerk finds that the person whose licensingprivileges have been revoked under subsection (b) of this section for failureto comply with a subpoena has complied with or is no longer subject to thesubpoena, then the clerk shall certify that the person has met the requirementsof or is no longer subject to the subpoena and shall provide a copy of thecertification to the person. Upon request of the person, the clerk shall mail acopy of the certification to the appropriate licensing board.

(d)        If licensingprivileges are revoked under this section, the obligor may petition thedistrict court for a reinstatement of such privileges. The court may order theprivileges reinstated conditioned upon full payment of the delinquency overtime. Any order allowing license reinstatement shall additionally require theobligor's maintenance of current child support. If the licensing privileges ofa person other than the obligor are revoked under this section for failure tocomply with a subpoena, the person may petition the district court forreinstatement of the privileges. The court may order the privileges reinstatedif the person has complied with or is no longer subject to the subpoena thatwas the basis for revocation. Upon reinstatement under this subsection, theclerk of superior court shall certify that the obligor is no longer delinquentand provide a copy of the certification to the obligor. Upon request of theobligor, the clerk shall mail a copy of the certification to the appropriatelicensing board. Upon reinstatement of the person whose licensing privilegeswere revoked based on failure to comply with a subpoena, the clerk of superiorcourt shall certify that the person has complied with or is no longer subjectto the subpoena. Upon request of the person whose licensing privileges arereinstated, the clerk shall mail a copy of the certification to the appropriatelicensing board.

(e)        An obligor or otherperson whose licensing privileges are reinstated under this section may providea copy of the certification set forth in either subsection (c) or (d) to eachlicensing agency to which the obligor or other person applies for reinstatementof licensing privileges. Upon request of the obligor or other person, the clerkshall mail a copy of the certification to the appropriate licensing board. Uponreceipt of a copy of the certification, the licensing board shall reinstate thelicense.

(f)         Upon receipt ofnotification by the clerk that an obligor's or other person's licensing privilegesare revoked pursuant to this section, the board shall note the revocation onits records and take all necessary steps to implement and enforce therevocation. These steps shall not include the board's independent revocationprocess pursuant to Chapter 150B of the General Statutes, the AdministrativeProcedure Act, which process is replaced by the court process prescribed bythis section. The revocation pertaining to an obligor shall remain in fullforce and effect until the board receives certification under this section thatthe obligor is no longer delinquent in child support payments. The revocationpertaining to the person whose licensing privileges were revoked on the basisof failure to comply with a subpoena shall remain in full force and effectuntil the board receives certification of reinstatement under subsection (d) ofthis section. (1995, c. 538, ss. 1, 1.1; 1997‑433, s. 5.3;1998‑17, s. 1.)

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