52C-3-301. Proceedings under this Chapter. (a) Except as otherwise provided in this Chapter, this Article applies to all proceedings under this Chapter. (b) Repealed by Session Laws 2015-117, s. 1, effective June 24, 2015. (c) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this Chapter by filing a petition […]
52C-3-302. Proceeding by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. (1995, c. 538, s. 7(c); 2015-117, s. 1.)
52C-3-303. Application of law of this State. Except as otherwise provided in this Chapter, a responding tribunal of this State shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and (2) Determine the duty […]
52C-3-304. Duties of initiating tribunal. (a) Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, […]
52C-3-305. Duties and powers of responding tribunal. (a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to G.S. 52C-3-301(c) it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal […]
52C-3-306. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this State, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent. (1995, c. 538, s. 7(c); 1997-433, s. […]
52C-3-307. Duties of support enforcement agency. (a) In a proceeding under this Chapter, a support enforcement agency of this State, upon request, shall provide the following: (1) Services to a petitioner residing in a state. (2) Services to a petitioner requesting services through a central authority of a foreign country as described in G.S. 52C-1-102(3a)a. […]
52C-3-308. Duty of Department. (a) If the Department determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Department may order the agency to perform its duties under this Chapter or may provide those services directly to the individual. (b) The Department may determine that a foreign country […]
52C-3-308.1. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this Chapter. (2015-117, s. 1.)
52C-3-309. Duties of State information agency. (a) The Department is the State information agency under this Chapter. (b) The State information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this Chapter and any support enforcement agencies in this State and transmit a […]
52C-3-310. Pleadings and accompanying documents. (a) In a proceeding under this Chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under G.S. 52C-3-311, the […]
52C-3-311. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the […]
52C-3-312. Costs and fees. (a) The petitioner shall not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorneys’ fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the […]
52C-3-313. Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding under this Chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of […]
52C-3-314. Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this Chapter. (1995, c. 538, s. 7(c).)
52C-3-315. Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially […]
52C-3-316. Communications between tribunals. A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of […]
52C-3-317. Assistance with discovery. A tribunal of this State may: (1) Request a tribunal outside this State to assist in obtaining discovery; and (2) Upon request, may compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this State. (1995, c. 538, s. 7(c); 2015-117, s. […]
52C-3-318. Receipt and disbursement of payments. (a) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by […]
