State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-37

§50‑37.  Enforcement authority of child support hearing officer; contempt.

When a child support case isbefore a child support hearing officer for enforcement of a child supportorder, the hearing officer has the same authority that a district court judgewould have, except in cases of contempt. Orders that commit a party to jail forcivil or criminal contempt for the nonpayment of child support, or forotherwise failing to comply with a child support order, may be entered only bya district court judge. When it appears to a hearing officer that there isprobable cause for finding such contempt in a case before the child supporthearing officer and that no other enforcement remedy would be effective orsufficient, the hearing officer shall enter an order finding probable cause andreferring the case for hearing before a district court judge. The order mayindicate the amount of payment the responsible parent may make, or other actionhe may take, or both, to comply with the child support order. If proof of complianceis made to the hearing officer within a time specified in the order, thehearing officer may cancel the referral of the contempt case to district court.Except as specifically limited by this section, a clerk or magistrate acting asa child support hearing officer retains all of the contempt powers he or sheotherwise has by  virtue of being a clerk or magistrate. (1985(Reg. Sess., 1986), c. 993, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-37

§50‑37.  Enforcement authority of child support hearing officer; contempt.

When a child support case isbefore a child support hearing officer for enforcement of a child supportorder, the hearing officer has the same authority that a district court judgewould have, except in cases of contempt. Orders that commit a party to jail forcivil or criminal contempt for the nonpayment of child support, or forotherwise failing to comply with a child support order, may be entered only bya district court judge. When it appears to a hearing officer that there isprobable cause for finding such contempt in a case before the child supporthearing officer and that no other enforcement remedy would be effective orsufficient, the hearing officer shall enter an order finding probable cause andreferring the case for hearing before a district court judge. The order mayindicate the amount of payment the responsible parent may make, or other actionhe may take, or both, to comply with the child support order. If proof of complianceis made to the hearing officer within a time specified in the order, thehearing officer may cancel the referral of the contempt case to district court.Except as specifically limited by this section, a clerk or magistrate acting asa child support hearing officer retains all of the contempt powers he or sheotherwise has by  virtue of being a clerk or magistrate. (1985(Reg. Sess., 1986), c. 993, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-37

§50‑37.  Enforcement authority of child support hearing officer; contempt.

When a child support case isbefore a child support hearing officer for enforcement of a child supportorder, the hearing officer has the same authority that a district court judgewould have, except in cases of contempt. Orders that commit a party to jail forcivil or criminal contempt for the nonpayment of child support, or forotherwise failing to comply with a child support order, may be entered only bya district court judge. When it appears to a hearing officer that there isprobable cause for finding such contempt in a case before the child supporthearing officer and that no other enforcement remedy would be effective orsufficient, the hearing officer shall enter an order finding probable cause andreferring the case for hearing before a district court judge. The order mayindicate the amount of payment the responsible parent may make, or other actionhe may take, or both, to comply with the child support order. If proof of complianceis made to the hearing officer within a time specified in the order, thehearing officer may cancel the referral of the contempt case to district court.Except as specifically limited by this section, a clerk or magistrate acting asa child support hearing officer retains all of the contempt powers he or sheotherwise has by  virtue of being a clerk or magistrate. (1985(Reg. Sess., 1986), c. 993, s. 1.)

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