110-128. Purposes. The purposes of this Article are to provide for the financial support of dependent children; to enforce spousal support when a child support order is being enforced; to provide that public assistance paid to dependent children is a supplement to the support required to be provided by the responsible parent; to provide that […]
110-129. Definitions. As used in this Article: (1) "Court order" means any judgment or order of the courts of this State or of another state. (2) "Dependent child" means any person under the age of 18 who is not otherwise emancipated, married or a member of the Armed Forces of the United States, or any […]
110-129.1. Additional powers and duties of the Department. (a) In addition to other powers and duties conferred upon the Department of Health and Human Services, Child Support Enforcement Program, by this Chapter or other State law, the Department shall have the following powers and duties: (1) Upon authorization of the Secretary, to issue a subpoena […]
110-129.2. State Directory of New Hires established; employers required to report; civil penalties for noncompliance; definitions. (a) Directory Established. – There is established the State Directory of New Hires. The Directory shall be developed and maintained by the Department. The Directory shall be a central repository for employment information to assist in the location of […]
110-130. Action by the designated representatives of the county commissioners. Any county interested in the paternity and/or support of a dependent child may institute civil or criminal proceedings against the responsible parent of the child, or may take up and pursue any paternity and/or support action commenced by the mother, custodian or guardian of the […]
110-130.1. Non-Work First services. (a) All child support collection and paternity determination services provided under this Article to recipients of public assistance shall be made available to any individual not receiving public assistance in accordance with federal law and as contractually authorized by the nonrecipient, upon proper application and payment of a nonrefundable application fee […]
110-130.2. Collection of spousal support. Spousal support shall be collected for a spouse or former spouse with whom the absent parent’s child is living when a child support order is being enforced under this Article. However, the spousal support shall be collected: (i) only if there is an order establishing the support obligation with respect […]
110-131. Compelling disclosure of information respecting the nonsupporting responsible parent of a child receiving public assistance. (a) If a parent of any dependent child receiving public assistance fails or refuses to cooperate with the county in locating and securing support from a nonsupporting responsible parent, this parent may be cited to appear before any judge […]
110-131.1. Notice; due process requirements met. In any child support enforcement proceeding the trial court may deem State due process requirements for notice and service of process to be met with respect to the nonmoving party, upon delivery of written notice in accordance with the notice requirements of Chapter 1A-1, Rule 5(b) of the Rules […]
110-132. Affidavit of parentage and agreement to motion to set aside affidavit of parentage. (a) In lieu of or in conclusion of any legal proceeding instituted to establish paternity, the written affidavits of parentage executed by the putative father and the mother of the dependent child shall constitute an admission of paternity and shall have […]
110-132.1. Paternity determination by another state entitled to full faith and credit. A paternity determination made by another state: (1) In accordance with the laws of that state, and (2) By any means that is recognized in that state as establishing paternity shall be entitled to full faith and credit in this State. (1993 (Reg. […]
110-132.2. Expedited procedures to establish paternity in IV-D cases. (a) In a IV-D court action, a local child support enforcement office may, without obtaining a court order, subpoena a minor child, the minor child’s mother, and the putative father of the minor child (including the mother’s husband, if different from the putative father) to appear […]
110-133. Agreements of support. In lieu of or in conclusion of any legal proceeding instituted to obtain support from a responsible parent for a dependent child born of the marriage, a written agreement to support the child by periodic payments executed by the responsible parent when acknowledged before a certifying officer or notary public or […]
110-134. Filing of affidavits, agreements, and orders; fees. All affidavits, agreements, and resulting orders entered into under the provisions of G.S. 110-132 and G.S. 110-133 shall be filed by the clerk of superior court in the county in which they are entered. The filing fee for the institution of an action through the entry of […]
110-135. Debt to State created. Acceptance of public assistance by or on behalf of a dependent child creates a debt, in the amount of public assistance paid, due and owing the State by the responsible parent or parents of the child. Provided, however, that in those cases in which child support was required to be […]
110-136. Garnishment for enforcement of child-support obligation. (a) Notwithstanding any other provision of the law, in any case in which a responsible parent is under a court order or has entered into a written agreement pursuant to G.S. 110-132 or 110-133 to provide child support, a judge of the district court in the county where […]
110-136.1. Assignment of wages for child support. Pursuant to G.S. 50-13.4(f)(1), the court may require the responsible parent to execute an assignment of wages, salary, or other income due or to become due whenever his employer’s voluntary written acceptance of the wage assignment under G.S. 95-31 is filed with the court. Such acceptance remains effective […]
110-136.10. Termination of withholding. A requirement that income be withheld for child support shall promptly terminate as to prospective payments when the payor receives notice from the court or IV-D agency that: (1) The child support order has expired or become invalid; or (2) The initiating party, the obligor, and the district court judge agree […]
110-136.11. National Medical Support Notice required. (a) Notice Required. – The National Medical Support Notice shall be used to notify employers and health insurers or health care plan administrators of an order entered pursuant to G.S. 50-13.11 for dependent health benefit plan coverage in a IV-D case. For purposes of this section and G.S. 110-136.12 […]
110-136.12. IV-D agency responsibilities. (a) Within five business days after the order for dependent health benefit plan coverage has been filed in a IV-D case, the IV-D agency shall serve, pursuant to G.S. 1A-1, Rule 5, Rules of Civil Procedure, the National Medical Support Notice on the employer, if known to the agency, of the […]
