North Carolina State Law
A. General/Program-At-A-Glance
B. UIFSA
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? |
No |
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
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
G. Income Withholding
H. Paternity
H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation? |
No |
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? |
No |
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? |
No |
H8.1. If yes, briefly explain. |
N/A |
H9. Does your state have a putative fathers' registry? |
No |
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? |
No |
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
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? |
No |
J5.4.1. If yes, provide the percentage. |
N/A |
J5.4.2. Is the percentage different for joint accounts? |
No |
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. |
No |
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)? |
No |
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 - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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 - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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? |
No |
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? |
No |
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
L. Payments
L1. Does your state define a lump sum payment? |
No |
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? |
No |
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)? |
No |
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? |
No |
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.)? |
No |
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
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) |