§ 110-136.2. Use of unemployment compensation benefits for child support. - North Carolina Statutes

§ 110‑136.2.  Useof unemployment compensation benefits for child support.

(a)        A responsible parent may voluntarily assign unemploymentcompensation benefits to a child support agency to satisfy a child supportobligation or a child support enforcement agency may request a responsibleparent to voluntarily assign unemployment benefits to satisfy a child supportobligation. An assignment of less than the full amount of the supportobligation shall not relieve the responsible parent of liability for the remainingamount.

(b)        Upon notification of a voluntary assignment by theDepartment of Health and Human Services, the Employment Security Commissionshall deduct and withhold the amount assigned by the responsible parent asprovided in G.S. 96‑17.

(c)        Any amount deducted and withheld shall be paid by theEmployment Security Commission to the Department of Health and Human Servicesfor distribution as required by federal law.

(d)        Voluntary assignment of unemployment compensation benefitsshall remain effective until the Employment Security Commission receivesnotification from the Department of Health and Human Services of an expresswritten revocation by the responsible parent.

(e)        The Department of Health and Human Services shall ensurethat payments received under this section are properly credited against theresponsible parent's child support obligation.

(f)         In the absence of a voluntary assignment of unemploymentcompensation benefits, the Department of Health and Human Services shallimplement income withholding as provided in this Article for IV‑D cases.The amount withheld shall not exceed twenty‑five percent (25%) of theunemployment compensation benefits. Notice of the requirement to withhold shallbe served upon the Employment Security Commission and payment shall be made bythe Employment Security Commission directly to the Department of Health andHuman Services pursuant to G.S. 96‑17 or to another state under G.S. 52C‑5‑501.Except for the requirement to withhold from unemployment compensation benefitsand the forwarding of withheld funds to the Department of Health and HumanServices or to another state under G.S. 52C‑5‑501, the EmploymentSecurity Commission is exempt from the provisions of G.S. 110‑136.8. (1983, c. 33, s. 1; 1987, c. 764, ss. 1, 2; 1997‑443,s. 11A.118(a); 1999‑293, s. 6.)