North Carolina State Law

A. General/Program-At-A-Glance

A1. How many local IV-D 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.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?

Yes

A2.1. If yes, what is the statutory citation?

G.S. 110-130.1(c)
For Additional Information -

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_110/gs_110-130.1.pdf

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?

A2.3. If yes, please explain.

N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

G.S. 52C-1-101 through G.S. 52C-9-901.1 and 110-136.4 through 110-136.6
For Additional Information -

http://www.ncga.state.nc.us

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

one set

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)

Germany and Sweden

C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

N/A

C2. Has your state established reciprocity with any Native American tribal courts?

Yes

C2.1. If yes, list the tribes and identify services provided, if less than full services.

Eastern Band of Cherokee Tribal Court

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **

Yes

C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?

18 years

D2. What is the statutory citation for the age of majority?

NCGS 48A-2
For Additional Information -

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_48A/Article_1.html

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:(1)If the child is otherwise emancipated, payments shall terminate at that time; (2)If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise 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 in its discretion orders that payments cease at age 18 or prior to high school graduation.(3)If the child is enrolled in a cooperative innovative high school program authorized under Part 9 of Article 16 of Chapter 115C of the General Statutes, 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.

D4. Does the date of the order determine the law that is applied?

Yes

D4.1. If yes, please explain.

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.

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

N/A

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

Yes

D7.1. If yes, please describe the procedure.

If the court order specifically assigns pro-rated support amount for each child, for example, $100 for each of the five children, for a total of $500.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

If an individual is owed child support arrears on an order that is no longer charging, NC will accept a registration for enforcement for those foreign support orders.

D8.1 If not, how does this affect interstate referrals?

N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?

10 years from the date due
For Additional Information - No Link Provided

E2. What is your State's statute of limitations for paternity establishment?

Child's 18th birthday
For Additional Information - No Link Provided

E3. Is dormancy revival/renewal possible?

Yes

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

A judgment can be renewed prior to expiration.
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Income shares model
For Additional Information - No Link Provided

F2. Does your state charge interest on arrears?

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A
For Additional Information - No Link Provided

F3. Does your state charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A

F4. Does your state charge interest on adjudicated arrears?

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A
For Additional Information - No Link Provided

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

F5.1. If yes, under what circumstances?

N/A

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

Yes

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

Application fee, annual collection fee for non-public assistance obligee

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Paternity testing, court fees; application fee if obligor requests services

F7. Does your state recover costs on behalf of the initiating state?

Yes

F7.1. Optional comments regarding recovery of initiating state's fees.

If the fees are part of a court order or if the request is in the initial petition when we are asked to establish a court order.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

N.C.G.S. 52C-2-201
For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

NC will enforce spousal orders for as long as services to establish and/or collect child support continue. When all child support services are terminated, spousal support services also end.

F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)

F10.1. Optional comments regarding required information on spouse or partner.

N/A

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

The fee is automatically deducted from disbursements to the obligee until paid in full.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?

Yes

F11.2 Does your state collect the fee from the person applying for IV-D services?

Yes, if that person is the recipient of child support payments.

F11.3. Does your state collect the fee from the absent parent?

F11.4. Does your state pay the fee out of its own funds?

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

10/01/2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

F14. Does your state participate in the pass-through in former assistance cases?

F14.1. If yes, provide the date.

N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your state would discontinue.

N/A

F15.2. When will your state discontinue each type of assignment?

N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

PRWORA

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

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

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?

The $25.00 annual fee is collected from payments after the first $500.00 has been distributed to the family in the FFY.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **

There are no court filing fees for UIFSA cases; however, it is possible for the local child support agency to pursue attorney fees and other costs such as witness costs and discovery fees from a non-custodial parent.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?

TANF, SSI, federal, payments under Federal Tort Claims Act, federal grants, fellowships, VA disability, VA Educational Assistance, refunds from erroneous payment or overpayment of federal income tax, longshoreman worker's compensation and unemployment benefits, federal black lung benefits, federal death benefits and ROTC.
For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G2.1. If yes, what are those limits?

NC statutes allow 40% maximum deduction when there is only 1 withholding; 45% for multiples if the NCP is also directly supporting dependents; 50% for multiples if there are no other dependents. These limitations are applied to the child support withholding. When there are deductions for insurance premiums in addition to child support, we also refer employers to the CCPA limits.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

$2.00 fee per withholding per pay period.
For Additional Information - No Link Provided

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

14 days

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

7 business days

G6. What are your state's procedures for sanctioning 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 to begin.

G7. What is the penalty 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

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

G8.1. Explain your process for receiving direct withholding orders across state lines.

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

G8.2. What documents are required to intercept UI benefits?

North Carolina must register the order to intercept UIB. We need an original Child Support Transmittal #1 requesting UIB withholding only, a Registration Statement with original signatures and certification, a certified court order, and a certified arrears statement. If the order is a North Carolina order, send a Child Support Transmittal #1 to redirect and enforce the order.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

N/A

G10. How does an obligor contest income withholding in your state?

Within 10 days from receipt of Notice to Withhold, obligor files a Request for Hearing to contest Income Withholding to enforce child support (AOC-CV-619).

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

Current support is paid first. If there is remaining money, it gets divided among the orders according to federal distribution hierarchy.

G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?

Yes

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

Yes

G13. 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

G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

At the employers discretion.

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

The employer has the option to withhold the $2.00 processing fee per withholding from the non-custodial's income.

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes, obligors can make credit card payments through our secure web-based system.
For Additional Information - No Link Provided

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?

Yes,a direct income withholding order may be sent to any employer.
For Additional Information - No Link Provided

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.

Child support is paid first.
For Additional Information - No Link Provided

G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

Payments are distributed first to current support. Any remaining arrears collections are allocated based on each state's proportionate share of the total arrears balance.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

Distribution follows federal law and regulations and N.C.G.S. 110-136.
For Additional Information - No Link Provided

G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

H1.1. If yes, please explain.

N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

97% or above.
For Additional Information - No Link Provided

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

Conclusive if neither rescission nor an order establishing paternity or support occurs within 60 days of signing
For Additional Information - No Link Provided

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

N/A
For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

By competent evidence
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

H6.1. If no, briefly explain.

In North Carolina the father's name on the birth certificate does not establish paternity
For Additional Information - No Link Provided

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

N/A

H8. Does your state have any other paternity-related presumptions?

H8.1. If yes, briefly explain.

N/A

H9. Does your state have a putative fathers' registry?

H9.1. If yes, what is the name of that entity?

N/A
For Additional Information - No Link Provided

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

NC Vital Records charge fees for Affidavits of Parentage and Birth Certificates; there is no circumstance under which these fees are waived.
For Additional Information - No Link Provided

H11. Is common-law marriage recognized in your state?

H11.1. If yes, briefly describe the standard that defines common-law marriage.

N/A

H11.2. When did your current common-law standard go into effect?

H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

N/A
For Additional Information - No Link Provided

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

Determined by the local jurisdiction

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

NC GS 52-C-201
For Additional Information - No Link Provided

H14. Does your state recover genetic testing costs for another state?

Yes

H14.1. If yes, please explain.

When requested in the original establishment petition

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

Affidavit of Parentage or order of the court

H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One petition with separate Affidavits in Support of Establishing Paternity for each child

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Combined

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

All parties must agree to the terms for a support obligation.

I1.2. Under what circumstances would a judicial process would be used?

Agreement among all parties cannot be reached within a reasonable period of time.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

NCGS 110-133
For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes3.htm

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

Any other legally responsible parent
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your state?

The guideline amount is inequitable to one party or the child.
For Additional Information - No Link Provided

I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

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.

I4.2. What information or documentation does your State require to proceed?

A statement of expenses by the custodial or the state
For Additional Information - No Link Provided

I4.3. Will your state allow a petition for support when the only issue is retroactive support?

I4.4. 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.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

Paternity and support can be established by a quasi-administrative process (parent's agreement ebtered as court order). Administrative enforcement remedies include: tax and lottery offset, passport denial, income withholidng, credit reporting, professional license revocation, and liens.
For Additional Information - No Link Provided

I6. What is your state's statutory authority for the administrative process?

Paternity establishment N.C.G.S. 110-132 Support establishment N.C.G.S. 110-133
For Additional Information -

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_110/GS_110-132.pdf

I7. Is there a local state law that allows an interstate administrative subpoena?

No
For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

I10. 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?

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

Establishment

I12. 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 custodian obtain legal custody before a support order is modified or established?

I13. 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 custodian obtain legal custody before support can be redirected to the new payee?

I14. 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.

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

N/A

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

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.

I17. Please provide the relevant statutory or case law citation. **

NCGS 50-13.4(c)
For Additional Information -

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-13.4.html

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

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 non-custodial parent, to whom the possibility to make voluntary payments is offered.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).

J1.1. Are your state income tax refund procedures judicial, administrative, or both?

Administrative process

J2. Is the lien process in your state judicial, administrative, or both?

Administrative

J2.1. What are the trigger criteria for filing a lien?

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

J2.2. Where are your state liens filed?

NC Central Registry forwards to County where property is located

J2.3. Does your state charge a fee for filing a lien?

Yes

J2.4. If yes, please indicate the amount.

To be determined by the Clerk of Court

J.3. Does your state enforce property seizure and sale?

Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial

J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?

Administrative

J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?

When action is initiated

J4.2. Does your state's income withholding definition include amounts in financial institutions?

For Additional Information - No Link Provided

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?

State

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?

Notices of intent are sent to the NCP and Financial Institution simultaneously

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?

$1000 minimum delinquency or amount equal to obligation owed for 6 months

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?

$1,000 minimum delinquency or amount equal to obligation owed for six months
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?

No limitation

J5.3.1. If yes, please provide the time frame.

N/A

J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?

J5.4.1. If yes, provide the percentage.

N/A

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, describe.

N/A

J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?

N/A

J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?

The obligor and/or account holders have ten calendar days after service of process to challenge the action
For Additional Information - No Link Provided

J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?

N/A

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?

The obligor/account holder can challenge the action based on a mistake of fact or by claiming a legal exemption
For Additional Information - No Link Provided

J5.10. Is your state's complaint review process judicial, administrative, or both?

Judicial

J5.11. What are your state's penalties for incorrect seizures?

None

J5.12. Is the second challenge administrative, judicial, or both?

Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

10 days, same for non-debtor. Grounds for appeal are mistaken identity or delinquency is less than $1000.00 or an amount equal to the support owed for 6 months

J5.14. Is the freeze and seize operation in your state centralized or automated?

Centralized and automated

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?

This levy procedure is to be availbe for direct use by all states' child support programs to financila institutions in this state without involvement of the NC Child Support Services program.

J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

N/A
For Additional Information - No Link Provided

J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?

Yes
For Additional Information - No Link Provided

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

The Financial Institution is instructed to send the assets immediately
For Additional Information - No Link Provided

J6. Does your state withhold state funds or benefits?

Yes

J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?

administrative

J7. Describe any other administrative enforcement procedures your state may have.

Increase in income withholding; passport revocation; professional license revocation; creidt bureau reporting; insurance liens; tax intercept.

J8. Describe any other judicial enforcement procedures your state may have.

Work requirement, work release, bond,contempt, drivers license, wildlife license, and vehicle revocation

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Copy of order, arrears statement, description of property, location of property, arrears in excess of $3000.00 or arrears equal to three months of child support obligation.
For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

J10. Which of your state's enforcement remedies are available without judicial actions?

Direct Income withholding

J11. Describe your state's procedures for registering and enforcing another state's order.

A registration packet is received from initiating state. The packet is filed with the clerk of court, a notice of registration is served on the non-custodial parent, who has 20 days after service to contest the registration with the court. If contested, a hearing is scheduled. If no contest, on the 21st day, the order is confirmed by operation of law. A confirmation order is not issued unless a hearing is held.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.

None. The order is enforced the same as any local case.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, provide the statutory citation.

N.C.G.S. 44-50
For Additional Information -

http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?

The obligation amount specified by a court order, as well as any accumulated arrearages.

J15. To which credit bureaus does your state report an obligor's child support information?

Innovis and Experian

J16. Is the method for credit bureau reporting judicial, administrative, or both?

administrative

J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.

J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.

N/A

J19. What documentation does your state require to proceed with an AEI request?

N/A

J20. What mandatory data elements does your state need to process AEI requests?

N/A
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm

J21. Which additional data elements would aid your state in processing AEI requests?

N/A

J22. How many copies/sets of documents does your state require with an AEI request?

N/A

J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?

N/A

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?

Yes

J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.

N/A

J25. What is the procedure for obtaining a certified copy of a court order?

Contact the County Clerk of Court's Office to obtain certified copies of orders. By statute a fee is charged to any entity for copies of orders, the cost is determined by the length of the order. If the order county is unknown, send a Child Support Transmittal #3 to the NC Central Registry.

J26. What is the procedure 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 direclty to the county Clerk of Court's office.

J27. Is there a cost for requesting a certified copy of a court order or payment record?

By statute the County Clerk's of Court charge a fee for any entity requesting certified copies of orders. Contact information for the NC Administrative Office of the Courts system can be found at: www.nccourts.org

J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?

J29. What triggers a driver's license revocation?

90 days delinquency and the court finding of contempt three or more times

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?

J29.2 If yes, what is the amount?

N/A

J30. Under what conditions may a noncustodial party restore the driver's license?

Being in full compliance with the terms of the court order

J30.1 What is the process for restoring a driver's license?

The obligor may request certification of compliance from child support or file a petition to have privileges reinstated with the court

J31. Does your state allow temporary or conditional driver's licenses?

Yes

J31.1 If yes, what are the conditions?

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.

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.

N/A

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?

Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?

Yes

J33.2 What is the dollar amount?

$500 for NPA arrears, $150 for PA arrears

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?

Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

Yes. The settlement amount must equal or exceed $3,000.

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?

N/A

J36.2 What is the dollar amount?

N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

J38.2 What is the dollar amount?

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

Court action is required to be given credit.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?

Every 3 years or less if there is a significant change in circumstance.
For Additional Information - No Link Provided

K2. Briefly describe your state's modification procedure.

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 administrive review, the agency will pursue adjustment of the support order.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?

A qualifying change in circumstances resulting in at least a 15% differnece in the support obligation.

K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

K4.1. The earnings of the obligor have substantially increased or decreased.

Yes

K4.2. The earnings of the obligee have substantially increased or decreased.

Yes

K4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

K4.6. There has been a substantial change in childcare expenses.

Yes

K4.7. 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.

K5. Does your state have cost of living adjustments (COLAs) for orders?

K5.1. If yes, what index does your state use?

N/A

K6. How does your state credit SSA disability to current and past-due support?

There is no actual credit given. Dependent benefits based on a parent's disability are added to the parent's income and deducted from that parent's support obligation.

K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.

Yes

K7.1. If yes, explain the circumstances?

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 whom support is owed; (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 a written or oral agreement transferring primary custody to the support 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.

K7.2. What is the statutory citation for your abatement law?

N.C.G.S. 50-13.10
For Additional Information - No Link Provided

K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

Local CSS must obtain information pertaining to both parties' ability to provide support; the availability of health insurance and wage data for either party (which may include written verification signed by the non-custodial parent's employer, tax records, bank statements, health insurance coverage verification, or other financial information); day care costs, special needs of the child(ren), and if a TANF case, the amount of TANF paid per child.
For Additional Information -

http://law.justia.com/northcarolina/codes/chapter_50/gs_50-13.10.html

K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

Data needed: Child's full name and date of birth, mother's maiden name, father's name Requests are sent to NC Vital Records, 1903 Mail Center Center, Raleigh, NC 27699-1903 (919) 733-3000. Cost per request $24.00. Instructions for procedures can be obtained from the NC Vital Records website: http://vitalrecords.nc.gov

K8. What information does your state require to register an out-of-state order for enforcement/modification?

One original set of paterwork including: Transmittal #1 requesting Registration for Enforcment and/or Modification, Registration Statement, 1 certified order and all modifications, 1 certified arrears affidavit. Additionally for modifications, Uniform Support Petition and General Testimony. Proof of paternity establishment: copy of voluntary acknowledgement, paternity order, or if child born of the marriage, a copy of the marriage certificate or other legal document stating that the child was born of the marriage.0

K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?

Yes.

K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?

Collection continues at the same rate as current support plus arrears.

K10. 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 non-custodial 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.

L. Payments

L1. Does your state define a lump sum payment?

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).

N/A

L1.2 Provide the statutory citation.

N/A
For Additional Information - No Link Provided

L2. Does your state law require employers to report lump sum payments?

L2.1 If yes, give the statutory citation or rule.

N/A
For Additional Information - No Link Provided

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

N/A

L4. How are employers instructed to report a pending lump sum?

N/A

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?

N/A

L6. Does your state use the income-withholding order to attach the lump sum payment?

L7. Does your state use the lien/levy process to attach lump sum payments?

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?

N/A

L8. What other documents does your state use to attach lump sum payments?

N/A

L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?

N/A

L9.1. If yes, what are those limits?

N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

N/A
For Additional Information - No Link Provided

L9.3. If yes, what are those limits?

N/A

L9.4. If no, what percentage is the employer required to withhold?

N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?

Yes

L10.1 If yes, would the employer only withhold for that period's obligation?

L11. Does your state have a direct deposit program?

Yes

L11.1 If so, specify the vendor.

Systems and Methods, Inc.

L12. Does your state have a debit card program?

Yes.

L12.1 If so, specify the vendor.

Systems and Methods, Inc.

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?

L13.1 If so, are there fees involved?

N/A

L14. What are the fees associated with using the card?

Certain ATM fees apply, such as inactivity fees, balance inquiry and monthly maintenance fees, or fees that are incurred when the card is used at an ATM outside the AllPoint network. Other fees may also apply.

L15. How does your state collect child support payments from an obligor? **

Payments must be made to a central location, and payments may be made by income withholding, or payments may be made by check or warrant.

L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **

Payments are made by check.

L17. 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.

L18. Does your state process electronic payments in international cases? **

Yes

L18.1 If so, describe the process. **

Only for 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.

L19. What is your state's International Bank Account Number (IBAN)? **

N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -

http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

M2.1. If yes, provide the statutory citation

N/A
For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

N/A
For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

The insurance settlement must equal or exceed $3,000.

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

N/A

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

N/A
For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Yes

M3.1. Provide the statutory citation.

North Carolina General Statutes, Chapter 58
For Additional Information -

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_58.html

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

N/A
For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

N/A
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

This is an automated process for intrastate cases only. NC does not have the capability to process this type of limited services request.

M7.1. What is the process, the points of contact, and what forms?

N/A

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)

N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?

N3. Does your state 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)

N4. Does your state 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)

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