§ 110-129. Definitions. - North Carolina Statutes

§ 110‑129. Definitions.

As used in this Article:

(1)        "Court order" means any judgment or order of thecourts of this State or of another state.

(2)        "Dependent child" means any person under the ageof 18 who is not otherwise emancipated, married or a member of the armed forcesof the United States, or any person over the age of 18 for whom a court ordersthat support payments continue as provided in G.S. 50‑13.4(c).

(3)        "Responsible parent" means the natural or adoptiveparent of a dependent child who has the legal duty to support said child andincludes the father of a child born out‑of‑wedlock and the parentsof a dependent child who is the custodial or noncustodial parent of thedependent child requiring support. If both the parents of the child requiringsupport were unemancipated minors at the time of the child's conception, theparents of both minor parents share primary liability for their grandchild'ssupport until both minor parents reach the age of 18 or become emancipated. Ifonly one parent of the child requiring support was an unemancipated minor atthe time of the child's conception, the parents of both parents are liable forany arrearages in child support owed by the adult or emancipated parent untilthe other parent reaches the age of 18 or becomes emancipated.

(4)        "Program" means the Child Support EnforcementProgram established and administered pursuant to the provisions of this Articleand Title IV‑D of the Social Security Act.

(5)        "Designated representative" means any person oragency designated by a board of county commissioners or the Department ofHealth and Human Services to administer a program of child support enforcementfor a county or region of the State.

(6)        "Disposable income" means any form of periodicpayment to an individual, regardless of sources, including but not limited towages, salary, commission, self‑employment income, bonus pay, severancepay, sick pay, incentive pay, vacation pay, compensation as an independentcontractor, worker's compensation, unemployment compensation benefits,disability, annuity, survivor's benefits, pension and retirement benefits,interest, dividends, rents, royalties, trust income and other similar payments,which remain after the deduction of amounts for federal, State, and localtaxes, Social Security, and involuntary retirement contributions. However,Supplemental Security Income, Work First Family Assistance, and other publicassistance payments shall be excluded from disposable income. For employers,disposable income means "wage" as it is defined by G.S. 95‑25.2(16).Unemployment compensation benefits shall be treated as disposable income onlyfor the purposes of income withholding under the provisions of G.S. 110‑136.4,and the amount withheld shall not exceed twenty‑five percent (25%) of theunemployment compensation benefits.

(7)        "IV‑D case" means a case in which serviceshave been applied for or are being provided by a child support enforcementagency established pursuant to Title IV‑D of the Social Security Act asamended and this Article.

(8)        "Non‑IV‑D case" means any case, otherthan a IV‑D case, in which child support is legally obligated to be paid.

(9)        "Initiating party" means the party, the attorneyfor a party, a child support enforcement agency, or the clerk of superior courtwho initiates an action, proceeding, or procedure as allowed or required by lawfor the establishment or enforcement of a child support obligation.

(10)      "Mistake of fact" means that the obligor:

a.         Is not in arrears in an amount equal to the support payablefor one month; or

b.         Did not request that withholding begin, if withholding ispursuant to a purported request by the obligor for withholding; or

c.         Is not the person subject to the court order of support forthe child named in the advance notice of withholding; or

d.         Does not owe the amount of current support or arrearagesspecified in the advance notice or motion of withholding; or

e.         Has a rate of withholding which exceeds the amount ofsupport specified in the court order.

(11)      "Obligee", in a IV‑D case, means the childsupport enforcement agency, and in a non‑IV‑D case means theindividual to whom a duty of support, whether child support, alimony, orpostseparation support, is owed or the individual's legal representative.

(12)      "Obligor" means the individual who owes a duty tomake child support payments or payments of alimony or postseparation supportunder a court order.

(13)      "Payor" means any payor, including any federal,State, or local governmental unit, of disposable income to an obligor. When thepayor is an employer, payor means employer as is defined at 29 USC § 203(d) inthe Fair Labor Standards Act. (1975, c. 827, s. 1; 1977, 2nd Sess., c. 1186, ss. 2, 3; 1985, c. 592;1985 (Reg. Sess., 1986), c. 949, s. 1; 1987, c. 764, s. 3; 1989, c. 601, s. 1;1991, c. 541, s. 3; 1995, c. 518, s. 2; 1997‑443, ss. 11A.118(a), 12.27;1997‑465, s. 27; 1998‑176, ss. 9, 10.)