§ 50-13.10. Past due child support vested; not subject to retroactive modification; entitled to full faith and credit. - North Carolina Statutes

§50‑13.10.  Past due child support vested; not subject to retroactivemodification; entitled to full faith and credit.

(a)        Each past due childsupport payment is vested when it accrues and may not thereafter be vacated,reduced, or otherwise modified in any way for any reason, in this State or anyother state, except that a child support obligation may be modified asotherwise provided by law, and a vested past due payment is to that extentsubject to divestment, if, but only if, a written motion is filed, and duenotice is given to all parties either:

(1)        Before the paymentis due or

(2)        If the moving partyis precluded by physical disability, mental incapacity, indigency,misrepresentation of another party, or other compelling reason from filing amotion before the payment is due, then promptly after the moving party is nolonger so precluded.

(b)        A past due childsupport payment which is vested pursuant to G.S. 50‑13.10(a) is entitled,as a judgment, to full faith and credit in this State and any other state, withthe full force, effect, and attributes of a judgment of this State, except thatno arrearage shall be entered on the judgment docket of the clerk of superiorcourt or become a lien on real estate, nor shall execution issue thereon,except as provided in G.S. 50‑13.4(f)(8) and (10).

(c)        As used in thissection, "child support payment" includes all payments required bycourt or administrative order in civil actions and expedited processproceedings under this Chapter, by court order in proceedings under Chapter 49of the General Statutes, and by agreements entered into and approved by thecourt under G.S. 110‑132 or G.S. 110‑133.

(d)        For purposes ofthis section, a child support payment or the relevant portion thereof, is notpast due, and no arrearage accrues:

(1)        From and after thedate of the death of the minor child for whose support the payment, or relevantportion, is made;

(2)        From and after thedate of the death of the supporting party;

(3)        During any periodwhen the child is living with the supporting party pursuant to a valid courtorder or to an express or implied written or oral agreement transferringprimary custody to the supporting party;

(4)        During any periodwhen the supporting party is incarcerated, is not on work release, and has no resourceswith which to make the payment.

(e)        When a childsupport payment that is to be made to the State Child Support Collection andDisbursement Unit is not received by the Unit when due, the payment is not apast due child support payment for purposes of this section, and no arrearageaccrues, if the payment is actually made to and received on time by the partyentitled to receive it and that receipt is evidenced by a canceled check, moneyorder, or contemporaneously executed and dated written receipt. Nothing in thissection shall affect the duties of the clerks or the IV‑D agency underthis Chapter or Chapter 110 of the General Statutes with respect to paymentsnot received by the Unit on time, but the court, in any action to enforce sucha payment, may enter an order directing the clerk or the IV‑D agency toenter the payment on the clerk's or IV‑D agency's records as having beenmade on time, if the court finds that the payment was in fact received by theparty entitled to receive it as provided in this subsection. (1987,c. 739, s. 4; 1999‑293, s. 15.)