§ 110-136.3. Income withholding procedures; applicability. - North Carolina Statutes

§ 110‑136.3.  Income withholding procedures;applicability.

(a)        Required Contents of Support Orders. All child supportorders, civil or criminal, entered or modified in the State in IV‑D casesshall include a provision ordering income withholding to take effectimmediately. All child support orders, civil or criminal, initially entered inthe State in non‑IV‑D cases on or after January 1, 1994, shallinclude a provision ordering income withholding to take effect immediately asprovided in G.S. 110‑136.5(c1), unless one of the exceptions specified inG.S. 110‑136.5(c1) applies. A non‑IV‑D child support orderthat contains an income withholding requirement and a IV‑D child supportorder shall:

(1)        Require the obligor to keep the clerk of court or IV‑Dagency informed of the obligor's current residence and mailing address;

(2),(2a)  Repealed by Session Laws 1993, c. 517, s. 1.

(3)        Require the obligor to cooperate fully with the initiatingparty in the verification of the amount of the obligor's disposable income;

(4)        Require the custodial party to keep the obligor informed of(i) the custodial party's disposable income and the amount and effective dateof any substantial change in this disposable income and (ii) the currentresidence and mailing address of the child, unless the court has determinedthat notice to the obligor is inappropriate because the obligor has made verbalor physical threats that constitute domestic violence under Chapter 50B of theGeneral Statutes; and

(5)        Require the obligor to keep the initiating party informed ofthe name and address of any payor of the obligor's disposable income and of theamount and effective date of any substantial change in this disposable income.

(a1)      Payment Plan/Work Requirement for Past‑Due Support. Inany IV‑D case in which an obligor owes past‑due support and incomewithholding has been ordered but cannot be implemented against the obligor, thecourt may order the obligor to pay the support in accordance with a paymentplan approved by the court and, if the obligor is subject to the payment planand is not incapacitated, the court may order the obligor to participate insuch work activities, as defined under 42 U.S.C. § 607, as the court deemsappropriate.

(b)        When obligor subject to withholding.

(1)        In IV‑D cases in which a new or modified child supportorder is entered on or after October 1, 1989, an obligor is subject to incomewithholding immediately upon entry of the order. In IV‑D cases in whichthe child support order was entered prior to October 1, 1989, an obligor shallbecome subject to income withholding on the date on which the obligor fails tomake legally obligated child support payments in an amount equal to the supportpayable for one month, or the date on which the obligor or obligee requestswithholding.

(2)        In non‑IV‑D cases in which the child supportorder was entered prior to January 1, 1994, an obligor shall be subject toincome withholding on the earliest of:

a.         The date on which the obligor fails to make legallyobligated child support payments in an amount equal to the support payable forone month;

b.         The date on which the obligor requests withholding; or

c.         The date on which the court determines, pursuant to a motionor independent action filed by the obligee under G.S. 110‑136.5(a), thatthe obligor is or has been delinquent in making child support payments or hasbeen erratic in making child support payments.

(3)        In IV‑D child support cases in which an order wasissued or modified in this State prior to October 1, 1996, and in which the obligoris not otherwise subject to withholding, the obligor shall become subject towithholding if the obligor fails to make legally obligated child supportpayments in an amount equal to the support payable for one month.

(4)        In the enforcement of alimony or postseparation supportorders pursuant to G.S. 110‑130.2, an obligor shall become subject toincome withholding on the earlier of:

a.         The date on which the obligor fails to make legallyobligated alimony or postseparation payments; or

b.         The date on which the obligor or obligee requestswithholding.

(c)        Repealed by Session Laws 1993, c. 517, s. 1.

(d)        Interstate cases. An interstate case is one in which a childsupport order of one state is to be enforced in another state.

(1)        In interstate cases withholding provisions shall apply to achild support order of this or any other state. A petition addressed to thisState to enforce a child support order of another state or a petition from aninitiating party in this State addressed to another state to enforce a childsupport order entered in this State shall include:

a.         A certified copy of the support order with allmodifications, including any income withholding notice or order still ineffect;

b.         A copy of the income withholding law of the jurisdictionwhich issued the support order, provided that this jurisdiction has awithholding law;

c.         A sworn statement of arrearages;

d.         The name, address, and social security number of theobligor, if known;

e.         The name and address of the obligor's employer or of anyother source of income of the obligor derived in the state in which withholdingis sought; and

f.          The name and address of the agency or person to whomsupport payments collected by income withholding shall be transmitted.

(2)        The law of the state in which the support order was enteredshall apply in determining when withholding shall be implemented andinterpreting the child support order. The law and procedures of the state wherethe obligor is employed shall apply in all other respects.

(3)        Except as otherwise provided by subdivision (2), incomewithholding initiated under this subsection is subject to all of the notice,hearing and other provisions of Chapter 110.

(4)        In all interstate cases notices and orders to withhold shallbe served upon the payor by a North Carolina agency or judicial officer. In allinterstate non‑IV‑D cases, the advance notice to the obligor shallbe served pursuant to G.S. 1A‑1, Rule 4, Rules of Civil Procedure.

(5)        For purposes of enforcing a petition under this subsection,jurisdiction is limited to the purposes of income withholding and Chapter 52Aof the General Statutes shall not apply. Nothing in this subsection precludesany remedy otherwise available in a proceeding under Chapter 52A of the GeneralStatutes.

(d1)      Recodified as § 110‑139(c1) by Session Laws 2001‑237,s. 5.

(e)        Procedures and regulations. Procedures, rules, regulations,forms, and instructions necessary to effect the income withholding provisionsof this Article shall be established by the Secretary of the Department ofHealth and Human Services or the Secretary's designee and the AdministrativeOffice of the Courts. Forms and instructions shall be sent with each order ornotice of withholding. (1985 (Reg. Sess., 1986),c. 949, s. 2; 1987, c. 589, s. 1; 1989, c. 601, s. 2; 1993, c. 517, s. 1; 1997‑433,ss. 3, 6.1; 1997‑443, s. 11A.118(a); 1998‑17, s. 1; 1998‑176,s. 4; 2000‑140, s. 20(b); 2001‑237, s. 5.)