North Carolina State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| There is a total of 97 local child support offices. There are 84 county-administered offices, 7 offices have a service agreement with Young Williams, 4 offices have a service agreement with Maximus, 1 office has a service agreement with PSI, and there is 1 Tribal Child Support Office operated by the Eastern Band of Cherokee Indians. |
| 2. What is the name of your IV-D agency? |
| North Carolina Child Support Services |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
|
North Carolina uses both administrative and judicial procedures to establish and enforce child support orders. For establishment, the administrative process is used when both parties agree to the terms. If an agreement cannot be reached, then judicial procedures are initiated. For enforcement of support orders, North Carolina has administrative remedies such as income withholding, tax intercept, passport denial, liens, securing assets from a financial institution, professional license revocation. Some judicial remedies are contempt actions and DMV/Wildlife license revocation.
For Additional Information - No Link Provided |
| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, EDE, CSENET and QUICK are used. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
|
Age of majority in NC is 18. Support will end at age 18. NCGS 50-13.4(c)
For Additional Information - No Link Provided |
| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
|
Support will end at age 18 unless the child is otherwise emancipated. If the child is still in primary or secondary school when the child reaches age 18, support will continue until the child graduates, or ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation or reaches age 20, whichever comes first, unless the court orders otherwise. If the child is enrolled in a cooperative innovative high school program authorized under NCGS 115C-238.50 thru 115C-238.55, then payments shall terminate when the child completes his or her fourth year of enrollment or when the child reaches the age of 18, whichever occurs later.
In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.
For Additional Information - No Link Provided |
| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
|
Yes. Pursuant to Session Law 2012-20, s. 3, the rule regarding a child enrolled in a cooperate innovative high school "applies to actions or
motions filed on or after" October 1, 2012.
For Additional Information - No Link Provided |
| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
|
Yes. Support could continue beyond age 18 if a child is still in primary or secondary school at age 18 and until such time as the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress, or
reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age eighteen 18 or prior to high school graduation. Support for a child who is enrolled in a cooperative innovative high school (CIHS) program that is authorized under NCGS 115C-238.50 - 115C-238.55 terminates when the child completes 4 years in the program or reaches the age of 18, whichever
occurs later.
For Additional Information - No Link Provided |
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
|
Support for a child who is emancipated prior to age 18 terminates at emancipation. Emancipation can occur due to marriage, joining the US military, or by petition of the minor to the court.
For Additional Information - No Link Provided |
| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| Yes, if the court order specifically assigns pro-rated support amount for each child. For example, order states $100 per month for each of five children, for a total of $500 per month. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No, we do not establish after the 18th birthday |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
|
10 years from the date due
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
|
If paternity needs to be established when there is an application for support, we will establish paternity through the childs 18th birthday.
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
|
Yes, a judgment can be renewed prior to expiration.
For Additional Information - No Link Provided |
4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
|
Income shares model
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
|
No.
For Additional Information - No Link Provided |
| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
|
No
For Additional Information - No Link Provided |
| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
|
No
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| No |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
|
An order for custody is not required to change payee for a support order. NC has authority to administratively change the payee to the state or to a different caretaker.
For Additional Information - No Link Provided |
| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
|
No. NC has authority to administratively change the payee to the state or to a different caretaker.
For Additional Information - No Link Provided |
| 7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
No
For Additional Information - No Link Provided |
| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
|
Court action is required to be given credit.
For Additional Information - No Link Provided |
| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
|
NCGS 50-13.10
A child support payment is not past due, and no arrearage accrues:
(1) From and after the date of the death of the minor child for whose support the payment, or relevant portion, is made;
(2) From and after the date of the death of the supporting party;
(3) During any period when the child is living with the supporting party pursuant to a valid court order or to an express or implied written or oral agreement transferring primary custody to the supporting party;
(4) During any period when the supporting party is incarcerated, is not on work release, and has no resources with which to make the payment.
For Additional Information - No Link Provided |
5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
|
No
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
|
97% or above
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
|
Conclusive if no rescission within 60 days by either parent or there is no order establishing paternity or support NCGS 110-132(a)
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
|
Yes. NCGS 130A-101
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
|
No, the father's name on the birth certificate does not establish paternity. NCGS 130A-101
For Additional Information - No Link Provided |
| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| No |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
|
North Carolina does not have a putative fathers registry.
For Additional Information - No Link Provided |
| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
|
Birth Certificate, Affidavit of Parentage, Court Order (If a certified copy of a court order is needed, the fee varies based on the county and length of court order.)
For Additional Information - No Link Provided |
| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
|
Yes
For Additional Information - No Link Provided |
| 9.1. Describe any circumstances under which these fees may be waived? |
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There are no circumstances under which these fees are waived.
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| There was no prior common-law standard in North Carolina. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| One intergovernmental packet with a separate Declaration in Support of Establishing Parentage forms for each child. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Combined |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
|
All parties must agree to the terms of a support obligation .
NCGS 110-133
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
|
When an agreement among all parties cannot be reached within a reasonable period of time. 110-132(b); 50-13.4
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
|
Any other legally responsible parent.
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| 2.1. What documentation is required as proof/evidence of this information? |
| Proof/evidence can include pay stubs, employer statements, or Division of Employment Security (DES) inquiry. If self-employed or further documentation is needed, the most recent tax return can be requested. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
|
The court can make a determination that the guideline amount is inequitable to one party or the child.
For Additional Information - No Link Provided |
| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
|
Yes. At establishment of the initial support order, retroactive support for expenses paid by a custodial for a child up to three years prior to the date of filing of a support action can be requested. Retroactive support to reimburse the state may be made if any public assistance has been paid for a child within five years of the initial support action.
For Additional Information - No Link Provided |
| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
|
A statement of expenses by the custodial parent or the state.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| No |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
|
Retroactive support can be entered in an initial support order; may include payment to a custodian for up to three years prior to the initial action or to the state if a child has received public assistance within the last five years.
For Additional Information - No Link Provided |
| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
|
No
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| 5.1. What about when public assistance is not being expended? |
| No |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
|
Establishment
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| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
|
No. Legal custody is not a factor in determining support. Support is established based on who has physical custody of the child.
For Additional Information - No Link Provided |
7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
|
TANF; SSI; Federal Black Lung Benefits; Federal Death Benefits; Payments under Federal Tort Claims Act; Federal grants and fellowships; VA disability; VA Educational Assistance Payments; Refunds from erroneous payment or overpayment of federal income tax; Travel transportation, uniform, relocation, and other allowances for civilian employees on military posts; Reserve Officers Training Corps (ROTC) subsistence allowance; and Longshoreman workers compensation and unemployment benefits (except in some instances)
For Additional Information - No Link Provided |
| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
|
Yes. NCGS 110-136.6(b1)
For Additional Information - No Link Provided |
| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
|
Yes. NC statutes allow 25% withholding of Unemployment Insurance Benefits; 40% maximum withholding when there is only one support order; 45% maximum withholding when there are multiple support orders and the noncustodial parent is providing direct support for a spouse or other dependent children; 50% maximum withholding when there are multiple support orders and the noncustodial parent is not providing direct support for a spouse or other dependent children.
For Additional Information - No Link Provided |
| 2.2. What are the withholding limits for non-employees? |
|
25% withholding for Unemployment Insurance Benefits; For other types of unearned income the limits are 40% maximum withholding when there is only one support order; 45% maximum withholding when there are multiple support orders and the noncustodial parent is providing direct support for a spouse or other dependent children; 50% maximum withholding when there are multiple support orders and the noncustodial parent is not providing direct support for a spouse or other dependent children.
For Additional Information - No Link Provided |
| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
|
$2.00 fee per withholding per pay period.
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
|
No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
|
Yes.
After receiving an income withholding order, the employer has 14 days to start withholding from the noncustodial parents pay.
For Additional Information - No Link Provided |
| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
14 days
For Additional Information - No Link Provided |
| 6. When must an employer remit amounts withheld from an employee's pay? |
|
Within 7 business days
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
|
If the employer fails to comply with income withholding, the court may join the employer as a third party defendant and order income withholding begin.
For Additional Information - No Link Provided |
| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
|
There is a $100.00 penalty for first offense;$500.00 for the second offense; and $1000 for the third offense.
For Additional Information - No Link Provided |
| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
|
No
For Additional Information - No Link Provided |
| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
|
The initiating state must send a registration request for withholding of UIB and the accompanying required registration paperwork to the NC Central Registry. If the court order was established in North Carolina, send a request for redirection and enforcement.
For Additional Information - No Link Provided |
| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
|
No
For Additional Information - No Link Provided |
| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| Multistate Financial Institution Data Match (MSFIDM) allows the federal Office of Child Support Enforcement to assist states in conducting matches with multistate financial institutions. If a match is made, the state should follow its intrastate policy for Financial Institution Data Match (FIDM). |
| 10. How does a noncustodial parent contest an income withholding in your state? |
|
Within 10 days from receipt of Notice to Withhold, the noncustodial parent can file a Request for Hearing to contest Income Withholding to enforce child support (AOC-CV-619).
For Additional Information - No Link Provided |
| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| Current support is paid first. If there is remaining money, it gets prorated among the orders according to federal distribution hierarchy. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
Federal, state, and local taxes, Social Security, and involuntary retirement contributions.
For Additional Information - No Link Provided |
| 13. When does your state require the employer to send notice of an employee's termination? |
|
At the time of termination of employment.
For Additional Information - No Link Provided |
| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
|
Payments distribute to current support for each support type first (Child Support, Spousal Support, Medicaid Support and then Medical Support). Once all current support is distributed for each support type, if there are funds left from the payment, it will distribute to the arrearages for each support type based on the predefined hierarchy.
If the payment is not sufficient to satisfy the total current support on all of the noncustodial parents cases, the payment is prorated based on the current support due for each case.
For Additional Information - No Link Provided |
8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| No |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| State arrears first (PRWORA distribution) |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| Payments will distribute based on a pre-defined arrearage hierarchy. (PRWORA distribution) |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
|
Payments will distribute based on a pre-defined arrearage hierarchy. (PRWORA distribution)
For Additional Information - No Link Provided |
9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| N/A |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| N/A |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
|
The obligation amount specified by a court order, as well as any accumulated arrearages are reported to credit bureaus.
For Additional Information - No Link Provided |
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| The obligation amount specified by a court order, as well as any accumulated arrearages are reported to credit bureaus. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| No |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes. Minimum required past due amounts are $500 for nonpublic assistance arrears and $150 for public assistance arrears. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes. There is no minimum required past-due amount, but the settlement amount must equal or exceed $3000. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes. There is no minimum required past-due amount, but the settlement amount must equal or exceed $3000. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| No |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| No |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| Yes |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Administrative |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
|
Yes. Exempt accounts are checking accounts, IOLTA, Mortgage Escrow, Security Deposit/Real Estate, UTMA/UGMA, and any accounts which require a qualified domestic relations order to access funds such as 401K, IRA and Keogh accounts.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Centralized and automated |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| $1000 minimum delinquency or amount equal to obligation owed for 6 months |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
|
Yes. This levy procedure is to be available for direct use by all states' child support programs to financial institutions in this State without involvement of the Department. NCGS 110-139.2(b1)
For Additional Information - No Link Provided |
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| N/A |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
|
No
For Additional Information - No Link Provided |
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
|
Yes. The state notifies the noncustodial parent.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
|
The Financial Institution is instructed to send the assets immediately
For Additional Information - No Link Provided |
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
|
Yes. The noncustodial parent has 10 days after being served with the notice to contest. NCGS 110-139.2(b1)
For Additional Information - No Link Provided |
| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
|
100 percent is eligible for attachment. If the account is a joint account with a spouse and it is shown that the spouse contributes funds to the account, an agreement can be made to levy half of the available amount that could be obtained from the account, regardless of the amount that each person contributed.
For Additional Information - No Link Provided |
| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
|
The noncustodial parent or joint account holder can contest the levy if the unpaid support owed is incorrect, the account is a joint account held by the NCP and a spouse, the account belongs to someone else, the account is in the name of the NCP but it was established for the benefit or use of a minor.
For Additional Information - No Link Provided |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
|
No
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
90 days delinquency and the court finding of contempt three or more times
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| Being in full compliance with the terms of the court order. The obligor may request certification of compliance from child support or file a petition to have privileges reinstated with the court. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Yes. A judge can order a time-limited or an indefinite driver license suspension. Either of these suspensions can have limited driving privileges attached to them. A limited driving privilege allows the obligor to drive on days and times specified by the judge. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| 90 days delinquent or noncompliance with a subpoena issued pursuant to a support or paternity proceeding; Occupational licenses are defined by NCGS 110-142.1 as any license, certificate, permit, registration or other authorization issued by a licensing board which allows one to engage in an occupation or profession. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| Payment of the arrears in full, establishment of a repayment plan, or compliance with a subpoena pursuant to child support or paternity establishment. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| 90 days delinquent or noncompliance with a subpoena issued pursuant to a support or paternity proceeding. If the noncustodial parent has been found by the court to be in civil or criminal contempt for failure to pay child support three or more times after 10/1/1999, the court shall order recreational licenses revocations, as applicable. Recreational license types include hunting, fishing and/or trap licenses. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| On the condition that the arrears are paid in full, a repayment plan is established, or compliance with a subpoena has been satisfied, a noncustodial parent can request reinstatement of licensing privileges. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
A judge may order suspension of a hunting, fishing or trapping license and stay the suspension conditional on the noncustodial parent entering into a payment plan or complying with a subpoena.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
3 months arrearage or $3,000. Interstate requests need proof of service of process on noncustodial parent, and location of property.
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Administrative process. A lien statement is filed with the local clerk of court in the county where child support is ordered. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes.
Administrative, the agency notifies the local clerk of court to execute on the lien.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes. Administrative |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes. Lottery winnings |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Increase in income withholding; passport revocation; insurance liens; arrears liquidation |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Work requirement, work release, bonds, contempt, and vehicle registration blockage |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every 3 years or less if there is a significant change in circumstance.
For Additional Information - No Link Provided |
| 2. What is your state's modification procedure? Briefly describe. |
|
In public assistance cases, reviews are automatic, in non-TANF cases upon request by the custodial or non-custodial parent. If a substantial change in circumstances is indicated by an administrative review, the agency will pursue adjustment of the support order.
For Additional Information - No Link Provided |
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
A qualifying change in circumstances resulting in at least a 15% difference in the support obligation.
For Additional Information - No Link Provided |
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
(see below)
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| No |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
Reason for change in parent's ability to support; change in child's living arrangements; receipt of public assistance for the child; ineligibility for support of one or more children included in an obligation.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
N/A
For Additional Information - No Link Provided |
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No
For Additional Information - No Link Provided |
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Income Withholding for Support document is used to attach lump sum payments. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| N/A |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Yes The fees must be part of a court order or included in the request in the initial petition to establish a court order. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| The fee is automatically deducted from disbursements to the obligee until paid in full. |
| 3.1. Is it retained by the state from support collected? |
| Yes |
| 3.2. Is it paid by the individual applying for child support services? |
| Yes, if that person is the recipient of child support payments. |
| 3.3. Is it recovered from the noncustodial parent? |
| No |
| 3.4. Is it paid by the state out of its state funds? |
| No |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No. We have no legislation that requires insurance companies to work with child support agencies to identify claimants.
In allocating payments current support is paid first. If there is remaining money, it gets prorated among the noncustodial parents orders according to federal distribution hierarchy.
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| Individuals owing past due child support meet the criteria to be matched in the federal insurance match program. The noncustodial parents insurance settlement amount must be at least $3000 and the noncustodial parent must be the sole beneficiary for an insurance lien to be initiated. |
| 3. What process does your state use to intercept insurance payments? |
|
When our agency receives pending claim information from the custodial parent, noncustodial parent, or the OCSE Insurance Match program, an Insurance Settlement Lien Notice is sent to the insurance company informing them that a beneficiary of an insurance settlement owes past due child support. This notice certifies that the noncustodial parent is past due in meeting the child support obligation and is accompanied by a certified copy of the original support order. A lien is created upon any proceeds from the insurance settlement in favor of DHHS or the custodial parent.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your states workers compensation agency? |
|
Another state can use the same procedure as listed above if the noncustodial parent is located in another state, but the insurance company does business in North Carolina
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes |
| 2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes |
| 3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
| Yes |
| 4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
| Yes |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes. When reporting interest accrued in another states order registered in NC for enforcement only. No interest is charged on NC orders. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
Contact the County Clerk of Court's Office to obtain certified copies of orders. If the order county is unknown, send a Child Support Transmittal #3 to the NC Central Registry. By statute the County Clerk's of Court charges a fee for any entity requesting certified copies of orders. The cost is determined by the length of the order. Contact information for the NC Administrative Office of the Courts system can be found at: www.nccourts.org.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
Child Support Transmittal #3 to the NC Central Registry for IV-D cases. For Non-IVD cases you can send your requests directly to the county Clerk of Court's office. By statute, the County Clerk of Court charge a fee for any entity requesting certified payment records. Contact information for the NC Administrative Office of the Courts system can be found at: www.nccourts.org.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
N.C.G.S. 52C
For Additional Information - No Link Provided |
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
A court, administrative agency, or quasi-judicial entity that is authorized to establish, enforce, or modify support orders or to determine parentage. For matters heard in North Carolina, tribunal means the General Court of Justice, District Court Division.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| One set |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Germany and Sweden |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| Yes |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes |
19. International Information For Hague Convention Countries
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
|
Yes
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No |
| 3. What methods of personal service does your state use? |
| Forward documents needing to be served to the sheriff or other public official, forward documents needing to be service to a private contractor, additionally, court papers may be served, as appropriate, by any of the methods provided for in Rules 4 and 5 of the N.C. Rules of Civil Procedure (N.C.G.S 1-A). |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Child care expense, cash medical support, uninsured medical or dental expenses in excess of $250 per year, other uninsured health care costs, including orthodontia, dental care, asthma treatments, physical therapy, treatment of chronic health problems, counseling or psychiatric therapy for diagnose mental disorders. Adjustments to the obligation can made for special or private elementary or secondary schools to meet a particular educational need of the child, transportation expenses for the child to travel between the homes of the parents. N.C.G.S. 50-13.4(c1)
For Additional Information - No Link Provided |
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes - Voluntary Support Agreements are considered and/or encouraged for establishment purposes. As a general rule, before initiating an enforcement procedure that is not automatic, an amicable solution is sought with the noncustodial parent, to whom the possibility to make voluntary payments is offered. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
The child emancipates before the normal duration, the child marries, the child is adopted by someone other than the noncustodial parent, the child support order states that child support ceases prior to the normal duration, the child enters into military service prior to the normal duration.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Payments are made by check, with the exception of outgoing payments to custodial parents living in Mexico. Those payments are disbursed to a debit card issued to the custodial parent. The issuance of debit cards is sent through the Mexican Consulate, then to the Mexican Central Authority, who then forwards to the custodial parent. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| All payments are processed through a designated authority and all payments are processed upon receipt. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| No |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| Yes |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
Eastern Band of Cherokee Tribal Court
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No. There are no Indian tribes or tribal organizations in North Carolina that do not have a tribal IV-D program and have their own courts. |