§ 110-136.6. Amount to be withheld. - North Carolina Statutes

§ 110‑136.6.  Amount to be withheld.

(a)        Computation of amount. When income withholding isimplemented pursuant to this Article, the amount to be withheld shall include:

(1)        An amount sufficient to pay current child support; and

(2)        An additional amount toward liquidation of arrearages; and

(3)        A processing fee of two dollars ($2.00) to cover the cost ofwithholding, to be retained by the payor for each withholding unless waived bythe payor.

Theamount withheld may also include court costs and attorneys fees as may beawarded by the court in non‑IV‑D cases and as may be awarded by thecourt in IV‑D cases pursuant to G.S. 110‑130.1.

(b)        Limits on amount withheld. Withholding for current support,arrearages, processing fees, court costs, and attorneys fees shall not exceedforty percent (40%) of the obligor's disposable income for one pay period fromthe payor when there is one order of withholding. The sum of multiplewithholdings, for current support, arrearages, processing fees, court costs,and attorneys fees shall not exceed:

(1)        Forty‑five percent (45%) of disposable income for onepay period from the payor in the case of an obligor who is supporting hisspouse or other dependent children; or

(2)        Fifty percent (50%) of disposable income for one pay periodfrom the payor in the case of an obligor who is not supporting a spouse orother dependent children.

(b1)      When there is an order of income withholding for current ordelinquent payments of alimony or postseparation support or for any portion ofthe payments, the total amount withheld under this Article and under G.S. 50‑16.7shall not exceed the amounts allowed under section 303(b) of the ConsumerCredit Protection Act, 15 U.S.C. § 1673(b).

(c)        Contents of order and notice. An order or advance notice forwithholding and any notice to a payor of his obligation to withhold shall statea specific monetary amount to be withheld and the amount of disposable incomefrom the applicable payor on which the amount to be withheld was determined.The notice shall clearly indicate that in no event shall the amount withheldexceed the appropriate percentage of disposable income paid by a payor asprovided in subsection (b). (1985 (Reg. Sess., 1986), c. 949, s. 2; 1998‑176, s. 6.)