§ 50-33 – Waiver of expedited process requirement.
50-33. Waiver of expedited process requirement. (a) State to Seek Waiver. – The State Department of Health and Human Services, with the assistance of the Administrative Office of the Courts, shall vigorously pursue application to the United States Department of Health and Human Services for waivers of the federal expedited process requirement. (b) Districts That […]
§ 50-34 – Establishment of an expedited process.
50-34. Establishment of an expedited process. (a) Districts Required to Have Expedited Process. – In any district court district as defined in G.S. 7A-133 that is required by G.S. 50-33(b) to establish an expedited child support process, the Director of the Administrative Office of the Courts shall notify the chief district court judge and the […]
§ 50-35 – Authority and duties of a child support hearing officer.
50-35. Authority and duties of a child support hearing officer. A child support hearing officer who is properly qualified and designated under this Article has the following authority and responsibilities in all child support cases: (1) To conduct hearings and to ensure that the parties’ due process rights are protected; (2) To take testimony and […]
§ 50-36 – Child support procedures in districts with expedited process.
50-36. Child support procedures in districts with expedited process. (a) Scheduling of Cases. – The procedures of this section shall apply to all child support cases in any district court district as defined in G.S. 7A-133 or county in which an expedited process has been established. All claims for the establishment or enforcement of a […]
§ 50-37 – Enforcement authority of child support hearing officer; contempt.
50-37. Enforcement authority of child support hearing officer; contempt. When a child support case is before a child support hearing officer for enforcement of a child support order, the hearing officer has the same authority that a district court judge would have, except in cases of contempt. Orders that commit a party to jail for […]
§ 50-38 – Appeal from orders of the child support hearing officer.
50-38. Appeal from orders of the child support hearing officer. (a) Appeal; Hearing De Novo. – Any party may appeal an order of a child support hearing officer for a hearing de novo before a district court judge by giving notice of appeal at the hearing or in writing within 10 days after entry of […]
§ 50-39 – Qualifications of child support hearing officer.
50-39. Qualifications of child support hearing officer. (a) Qualifications. – A clerk or assistant clerk of superior court or a magistrate, to be designated and serve as a child support hearing officer, shall satisfy each of the following qualifications: (1) Be at least 21 years of age and not older than 70 years of age, […]
§ 50-31 – Definitions.
50-31. Definitions. As used in this Article, unless the context clearly requires otherwise: (1) "Child support case" means the part of any civil or criminal action or proceeding, whether intrastate or interstate, that involves a claim for the establishment or enforcement of a child support obligation. (2) "Dispose" or "disposition" of a child support case […]
§ 50-32 – Disposition of cases within 60 days; extension.
50-32. Disposition of cases within 60 days; extension. Except where paternity is at issue, in all child support cases the district court judge shall dispose of the case from filing to disposition within 60 days, except that this period may be extended for a maximum of 30 days by order of the court if: (1) […]
§ 50-30 – Findings; policy; and purpose.
50-30. Findings; policy; and purpose. (a) Findings. – The General Assembly makes the following findings: (1) There is a strong public interest in providing fair, efficient, and swift judicial processes for establishing and enforcing child support obligations. Children are entitled to support from their parents, and court assistance is often required for the establishment and […]