§ 50-36. Child support procedures in districts with expedited process. - North Carolina Statutes

§50‑36.  Child support procedures in districts with expedited process.

(a)        Scheduling ofCases. – The procedures of this section shall apply to all child support casesin any district court district as defined in G.S. 7A‑133 or county inwhich an expedited process has been established. All claims for theestablishment or enforcement of a child support obligation, whether the claimis made in a separate action or as part of a divorce or any other action, shallbe scheduled for hearing before the child support hearing officer. Theinitiating party shall send a notice of the date, time, and place of thehearing to all other parties. Service of process shall be made and noticesgiven as provided by G.S. 1A‑1, Rules of Civil Procedure.

(b)        Place of Hearing. –The hearing before the child support hearing officer need not take place in acourtroom, but shall be conducted in an appropriate judicial setting.

(c)        Hearing Procedures.– The hearing of a case before a child support officer is without a jury. Therules of evidence applicable in the trial of civil actions generally areobserved; however, the hearing officer may require the parties to produce andmay consider financial affidavits, State and federal tax returns, and otherfinancial or employment records. Except as otherwise provided in this Article,the hearing officer shall determine the parties' child support rights andobligations and enter an appropriate order based on the evidence and the childsupport laws of the State. All parties shall be provided with a copy of theorder.

(d)        Record ofProceeding. – The record of a proceeding before a child support hearing officershall consist of the pleadings filed in the child support case, documentationof proper service or notice or waiver, and a copy of the hearing officer'sorder. No verbatim recording or transcript shall be required or provided atState expense.

(e)        Transfer toDistrict Court Judge. – Upon his own motion or upon motion of any party, thehearing officer shall transfer a case for hearing before a district court judgewhen the case involves:

(1)        A contestedpaternity action;

(2)        A custody dispute;

(3)        Contested visitationrights;

(4)        The ownership,possession, or transfer of an interest in property to satisfy a child supportobligation; or

(5)        Other complexissues.

Upon ordering such a transfer,except in cases of contested paternity, the hearing officer shall also enter atemporary order that provides for the payment of a money amount or otherwiseaddresses the child's need for support pending the resolution of the case bythe district court judge. The chief district court judge shall establish aprocedure for such transferred cases to be given priority for hearing before adistrict court judge. (1985 (Reg. Sess., 1986), c. 993, s. 1; 1987 (Reg.Sess., 1988), c. 1037, s. 89.)