State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-16_7

§50‑16.7.  How alimony and postseparation support paid; enforcement ofdecree.

(a)        Alimony orpostseparation support shall be paid by lump sum payment, periodic payments,income withholding, or by transfer of title or possession of personal propertyor any interest therein, or a security interest in or possession of realproperty, as the court may order. The court may order the transfer of title toreal property solely owned by the obligor in payment of lump‑sum paymentsof alimony or postseparation support or in payment of arrearages of alimony orpostseparation support so long as the net value of the interest in the propertybeing transferred does not exceed the amount of the arrearage being satisfied.In every case in which either alimony or postseparation support is allowed andprovision is also made for support of minor children, the order shallseparately state and identify each allowance.

(b)        The court mayrequire the supporting spouse to secure the payment of alimony orpostseparation support so ordered by means of a bond, mortgage, or deed oftrust, or any other means ordinarily used to secure an obligation to pay moneyor transfer property, or by requiring the supporting spouse to execute anassignment of wages, salary, or other income due or to become due.

(c)        If the courtrequires the transfer of real or personal property or an interest therein as apart of an order for alimony or postseparation support as provided insubsection (a) or for the securing thereof, the court may also enter an orderwhich shall transfer title, as provided in G.S. 1A‑1, Rule 70 and G.S. 1‑228.

(d)        The remedy ofarrest and bail, as provided in Article 34 of Chapter 1 of the GeneralStatutes, shall be available in actions for alimony or postseparation supportas in other cases.

(e)        The remedies ofattachment and garnishment, as provided in Article 35 of Chapter 1 and Article9 of Chapter 110 of the General Statutes, shall be available in actions foralimony or postseparation support as in other cases, and for such purposes thedependent spouse shall be deemed a creditor of the supporting spouse.

(f)         The remedy ofinjunction, as provided in Article 37 of Chapter 1 of the General Statutes andG.S. 1A‑1, Rule 65, shall be available in actions for alimony orpostseparation support as in other cases.

(g)        Receivers, asprovided in Article 38 of Chapter 1 of the General Statutes, may be appointedin actions for alimony or postseparation support as in other cases.

(h)        A dependent spousefor whose benefit an order for the payment of alimony or postseparation supporthas been entered shall be a creditor within the meaning of Article 3A ofChapter 39 of the General Statutes pertaining to fraudulent conveyances.

(i)         A judgment foralimony or postseparation support obtained in an action therefor shall not be alien against real property unless the judgment expressly so provides, sets outthe amount of the lien in a sum certain, and adequately describes the realproperty affected; but past‑due periodic payments may by motion in thecause or by a separate action be reduced to judgment which shall be a lien asother judgments.

(j)         Any order for thepayment of alimony or postseparation support is enforceable by proceedings forcivil contempt, and its disobedience may be punished by proceedings forcriminal contempt, as provided in Chapter 5A of the General Statutes.

Notwithstanding the provisionsof G.S. 1‑294 or G.S. 1‑289, an order for the periodic payment ofalimony that has been appealed to the appellate division is enforceable in thetrial court by proceedings for civil contempt during the pendency of theappeal. Upon motion of an aggrieved party, the court of the appellate divisionin which the appeal is pending may stay any order for civil contempt enteredfor alimony until the appeal is decided if justice requires.

(k)        The remediesprovided by Chapter 1 of the General Statutes Article 28, Execution; Article29B, Execution Sales; and Article 31, Supplemental Proceedings, shall beavailable for the enforcement of judgments for alimony and postseparationsupport as in other cases, but amounts so payable shall not constitute a debtas to which property is exempt from execution as provided in Article 16 ofChapter 1C of the General Statutes.

(l)         The specificenumeration of remedies in this section shall not constitute a bar to remediesotherwise available.

(l1)       The dependentspouse may apply to the court for an order of income withholding for current ordelinquent payments of alimony or postseparation support or for any portion ofthe payments. If the court orders income withholding, a notice of obligation towithhold shall be served on the payor as required by G.S. 1A‑1, Rule 4,Rules of Civil Procedure. Copies of the notice shall be filed with the clerk ofcourt and served upon the supporting spouse by first‑class mail. (1967,c. 1152, s. 2; 1969, c. 541, s. 5; c. 895, s. 18; 1977, c. 711, s. 26; 1985, c.482, s. 1; c. 689, s. 18; 1995 c. 319, s. 5; 1998‑176, ss. 2, 3; 1999‑456,s. 14.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-16_7

§50‑16.7.  How alimony and postseparation support paid; enforcement ofdecree.

(a)        Alimony orpostseparation support shall be paid by lump sum payment, periodic payments,income withholding, or by transfer of title or possession of personal propertyor any interest therein, or a security interest in or possession of realproperty, as the court may order. The court may order the transfer of title toreal property solely owned by the obligor in payment of lump‑sum paymentsof alimony or postseparation support or in payment of arrearages of alimony orpostseparation support so long as the net value of the interest in the propertybeing transferred does not exceed the amount of the arrearage being satisfied.In every case in which either alimony or postseparation support is allowed andprovision is also made for support of minor children, the order shallseparately state and identify each allowance.

(b)        The court mayrequire the supporting spouse to secure the payment of alimony orpostseparation support so ordered by means of a bond, mortgage, or deed oftrust, or any other means ordinarily used to secure an obligation to pay moneyor transfer property, or by requiring the supporting spouse to execute anassignment of wages, salary, or other income due or to become due.

(c)        If the courtrequires the transfer of real or personal property or an interest therein as apart of an order for alimony or postseparation support as provided insubsection (a) or for the securing thereof, the court may also enter an orderwhich shall transfer title, as provided in G.S. 1A‑1, Rule 70 and G.S. 1‑228.

(d)        The remedy ofarrest and bail, as provided in Article 34 of Chapter 1 of the GeneralStatutes, shall be available in actions for alimony or postseparation supportas in other cases.

(e)        The remedies ofattachment and garnishment, as provided in Article 35 of Chapter 1 and Article9 of Chapter 110 of the General Statutes, shall be available in actions foralimony or postseparation support as in other cases, and for such purposes thedependent spouse shall be deemed a creditor of the supporting spouse.

(f)         The remedy ofinjunction, as provided in Article 37 of Chapter 1 of the General Statutes andG.S. 1A‑1, Rule 65, shall be available in actions for alimony orpostseparation support as in other cases.

(g)        Receivers, asprovided in Article 38 of Chapter 1 of the General Statutes, may be appointedin actions for alimony or postseparation support as in other cases.

(h)        A dependent spousefor whose benefit an order for the payment of alimony or postseparation supporthas been entered shall be a creditor within the meaning of Article 3A ofChapter 39 of the General Statutes pertaining to fraudulent conveyances.

(i)         A judgment foralimony or postseparation support obtained in an action therefor shall not be alien against real property unless the judgment expressly so provides, sets outthe amount of the lien in a sum certain, and adequately describes the realproperty affected; but past‑due periodic payments may by motion in thecause or by a separate action be reduced to judgment which shall be a lien asother judgments.

(j)         Any order for thepayment of alimony or postseparation support is enforceable by proceedings forcivil contempt, and its disobedience may be punished by proceedings forcriminal contempt, as provided in Chapter 5A of the General Statutes.

Notwithstanding the provisionsof G.S. 1‑294 or G.S. 1‑289, an order for the periodic payment ofalimony that has been appealed to the appellate division is enforceable in thetrial court by proceedings for civil contempt during the pendency of theappeal. Upon motion of an aggrieved party, the court of the appellate divisionin which the appeal is pending may stay any order for civil contempt enteredfor alimony until the appeal is decided if justice requires.

(k)        The remediesprovided by Chapter 1 of the General Statutes Article 28, Execution; Article29B, Execution Sales; and Article 31, Supplemental Proceedings, shall beavailable for the enforcement of judgments for alimony and postseparationsupport as in other cases, but amounts so payable shall not constitute a debtas to which property is exempt from execution as provided in Article 16 ofChapter 1C of the General Statutes.

(l)         The specificenumeration of remedies in this section shall not constitute a bar to remediesotherwise available.

(l1)       The dependentspouse may apply to the court for an order of income withholding for current ordelinquent payments of alimony or postseparation support or for any portion ofthe payments. If the court orders income withholding, a notice of obligation towithhold shall be served on the payor as required by G.S. 1A‑1, Rule 4,Rules of Civil Procedure. Copies of the notice shall be filed with the clerk ofcourt and served upon the supporting spouse by first‑class mail. (1967,c. 1152, s. 2; 1969, c. 541, s. 5; c. 895, s. 18; 1977, c. 711, s. 26; 1985, c.482, s. 1; c. 689, s. 18; 1995 c. 319, s. 5; 1998‑176, ss. 2, 3; 1999‑456,s. 14.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-16_7

§50‑16.7.  How alimony and postseparation support paid; enforcement ofdecree.

(a)        Alimony orpostseparation support shall be paid by lump sum payment, periodic payments,income withholding, or by transfer of title or possession of personal propertyor any interest therein, or a security interest in or possession of realproperty, as the court may order. The court may order the transfer of title toreal property solely owned by the obligor in payment of lump‑sum paymentsof alimony or postseparation support or in payment of arrearages of alimony orpostseparation support so long as the net value of the interest in the propertybeing transferred does not exceed the amount of the arrearage being satisfied.In every case in which either alimony or postseparation support is allowed andprovision is also made for support of minor children, the order shallseparately state and identify each allowance.

(b)        The court mayrequire the supporting spouse to secure the payment of alimony orpostseparation support so ordered by means of a bond, mortgage, or deed oftrust, or any other means ordinarily used to secure an obligation to pay moneyor transfer property, or by requiring the supporting spouse to execute anassignment of wages, salary, or other income due or to become due.

(c)        If the courtrequires the transfer of real or personal property or an interest therein as apart of an order for alimony or postseparation support as provided insubsection (a) or for the securing thereof, the court may also enter an orderwhich shall transfer title, as provided in G.S. 1A‑1, Rule 70 and G.S. 1‑228.

(d)        The remedy ofarrest and bail, as provided in Article 34 of Chapter 1 of the GeneralStatutes, shall be available in actions for alimony or postseparation supportas in other cases.

(e)        The remedies ofattachment and garnishment, as provided in Article 35 of Chapter 1 and Article9 of Chapter 110 of the General Statutes, shall be available in actions foralimony or postseparation support as in other cases, and for such purposes thedependent spouse shall be deemed a creditor of the supporting spouse.

(f)         The remedy ofinjunction, as provided in Article 37 of Chapter 1 of the General Statutes andG.S. 1A‑1, Rule 65, shall be available in actions for alimony orpostseparation support as in other cases.

(g)        Receivers, asprovided in Article 38 of Chapter 1 of the General Statutes, may be appointedin actions for alimony or postseparation support as in other cases.

(h)        A dependent spousefor whose benefit an order for the payment of alimony or postseparation supporthas been entered shall be a creditor within the meaning of Article 3A ofChapter 39 of the General Statutes pertaining to fraudulent conveyances.

(i)         A judgment foralimony or postseparation support obtained in an action therefor shall not be alien against real property unless the judgment expressly so provides, sets outthe amount of the lien in a sum certain, and adequately describes the realproperty affected; but past‑due periodic payments may by motion in thecause or by a separate action be reduced to judgment which shall be a lien asother judgments.

(j)         Any order for thepayment of alimony or postseparation support is enforceable by proceedings forcivil contempt, and its disobedience may be punished by proceedings forcriminal contempt, as provided in Chapter 5A of the General Statutes.

Notwithstanding the provisionsof G.S. 1‑294 or G.S. 1‑289, an order for the periodic payment ofalimony that has been appealed to the appellate division is enforceable in thetrial court by proceedings for civil contempt during the pendency of theappeal. Upon motion of an aggrieved party, the court of the appellate divisionin which the appeal is pending may stay any order for civil contempt enteredfor alimony until the appeal is decided if justice requires.

(k)        The remediesprovided by Chapter 1 of the General Statutes Article 28, Execution; Article29B, Execution Sales; and Article 31, Supplemental Proceedings, shall beavailable for the enforcement of judgments for alimony and postseparationsupport as in other cases, but amounts so payable shall not constitute a debtas to which property is exempt from execution as provided in Article 16 ofChapter 1C of the General Statutes.

(l)         The specificenumeration of remedies in this section shall not constitute a bar to remediesotherwise available.

(l1)       The dependentspouse may apply to the court for an order of income withholding for current ordelinquent payments of alimony or postseparation support or for any portion ofthe payments. If the court orders income withholding, a notice of obligation towithhold shall be served on the payor as required by G.S. 1A‑1, Rule 4,Rules of Civil Procedure. Copies of the notice shall be filed with the clerk ofcourt and served upon the supporting spouse by first‑class mail. (1967,c. 1152, s. 2; 1969, c. 541, s. 5; c. 895, s. 18; 1977, c. 711, s. 26; 1985, c.482, s. 1; c. 689, s. 18; 1995 c. 319, s. 5; 1998‑176, ss. 2, 3; 1999‑456,s. 14.)

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