The Law Office of Ronn Bisbee :: California Child Support Enforcement

The Law Office of Ronn Bisbee :: California Child Support Law





	The Law Office of Ronn Bisbee

Child Support
Laws By State

North Carolina State Profile

A. General/State-At-A-Glance
B. UIFSA
C. Reciprocity
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
K. Modification and Review/Adjustment
L. Lump Sum Payments
M. Insurance Match

A. General/State-At-A-Glance

A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)?

State Administered/state operated.

A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)?

17 state-operated offices representing 30 counties. Remaining 70 counties operate program through Department of Social Services, County Tax Manager or privatized.

A3. With what types of agencies do you have cooperative agreements?

Administrative Office of the Courts, several local sheriff's departments and attorneys

A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only?

Yes

A4.1. If yes, what is the statutory citation?

G.S. 110-130.1
For Additional Information - No Link Provided

A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?

A4.3. If yes, please explain.

N/A

B. UIFSA

B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)?

1/1/1996

B2. What is the effective date of your State's UIFSA?

1/1/1996

B3. What is the statutory citation for your State's Act?

G.S. 52C-1-101 thru G.S. 52C-9-902
For Additional Information - http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?0052C

B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)?

1996

B4.1. If your state has implemented the 2001 version, when was it implemented?

N/A

B5. Optional comments regarding your State's UIFSA.

N/A

C. Reciprocity

C1. With what foreign countries does your State reciprocate?

Germany and Sweden

C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

N/A

C2. Has your State established reciprocity with any Tribal courts?

Yes

C2.1. If yes, list the Tribes and identify services provided, if less than full services.

Cherokee Tribal Court

D. Age of Majority

D1. What is the age of majority in your State?

18 years, unless attending secondary school full time or up to age 20 whichever comes first.

D2. What is the statutory citation for the age of majority?

G.S. 50-13.4
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes3.htm

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.

D4. Does the date of the order impact what law is applied?

D4.1. If yes, please explain.

N/A

D5. Does child support end if the child leaves the household but does not emancipate?

D5.1. Optional comments regarding emancipation.

N/A

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

Until age 20 if still attending secondary school.

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?

Yes

D7.1. If yes, please describe the procedure.

In these situations: (1)If the only minor child in the case reaches the age of majority, (2)If the court order is proratible per child, (3)The court order is modified.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past due support?

10 Years

E2. What is your State's statute of limitations for paternity establishment?

Child's 18 birthday
For Additional Information - No Link Provided

E3. Is dormancy revival/renewal possible?

Yes

E3.1. Please explain the circumstances when possible, and the length of time possible.

Yes, a judgment can be revived once for 10 years.

F. Support Details

F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)?

Income shares model
For Additional Information - No Link Provided

F2. Does your State charge interest on missed arrears?

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A

F3. Does your State charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A

F4. Does your State charge interest on adjudicated arrears?

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A
For Additional Information - No Link Provided

F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill?

F5.1. If yes, under what circumstances?

N/A

F6. Does your state elect to recover costs or charge fees in your IV-D State Plan?

Yes

F6.1. If yes, what costs are recovered from/fees charged to the obligee?

Application fee from obligee.

F6.2. What costs are recovered from/fees charged to the obligor?

Paternity testing and filing fees from obligor.

F7. Does your State recover costs on behalf of the initiating State?

Yes

F7.1. Optional comments regarding recovering of initiating State's fees.

If the fees are part of a court order or if the request is in the initial petition when we are asked to establish a court order.

F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support.

N.C.G.S. 52C-2-201
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

F9. Does your State establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

NC will enforce spousal orders if the terms are included in an on-going child support case, or collection of child support arrears.

F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)?

Yes

F10.1. Optional comments regarding required information on spouse or partner.

N/A

F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance?

Once the custodial parent meets the criteria, this fee is assessed and automatically deducted from the custodial parent's disbursement until paid in full.

F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)?

Yes

F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices?

Yes

F11.3. Does your State collect the fee from the absent parent?

F11.4. Does your State pay the fee out of its own funds?

F12. When will your State implement the required DRA limited-assignment provision?

N/A

F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases?

F13.1. If yes, provide the date.

F14. Will your State participate in the pass through in Former Assistance cases?

F14.1. If yes, provide the date.

F15. Will your State discontinue eligible assignments under the DRA of 2005?

N/A

F15.1. If yes, list the eligible assignments your State would discontinue.

N/A

F15.2. When will your State discontinue each type of assignment?

N/A

F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases?

PRWORA

F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

An order for custody is not required to change payee for a support order. Support is based on a prorated share of support for an order with multiple children.

F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee?

An order for custody is not required to change payee for a support order. Support is based on a prorated share of support for an order with multiple children.

F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

An order for custody is not required to change payee for a support order. Support is based on a prorated share of support for an order with multiple children.

F17.3. How does your State collect the $25.00 annual fee on never-TANF cases?

The $25.00 annual fee is collected from payments after the first $500.00 has been distributed to the family in the FFY.

G. Income Withholding

G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)?

Income Withholding

G2. What specific source of income is not subject to withholding?

TANF, SSI, federal, payments under Federal Tort Claims Act, federal grants, fellowships, VA disability, VA Educational Assistance, refunds from erroneous payment or overpayment of federal income tax, and ROTC.
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G3.1. If yes, what are those limits?

NC statutes allow 40% maximum deduction when there is only 1 withholding; 45% for multiples if the NCP is also directly supporting dependents; 50% for multiples if there are no other dependents. These limitations are applied to the child support withholding. When there are deductions for insurance premiums in addition to child support, we also refer employers to the CCPA limits.

G4. What is the allowable fee per pay period for processing income withholding payments?

$2.00 fee per withholding per pay period.
For Additional Information - No Link Provided

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

14 days

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?

7 business days

G7. What are your State's procedures for sanctioning employers for not implementing income withholding?

If the employer fails to comply with income withholding, and negotiations fail between the IV-D office and the employer, the IV-D office will join the employer as a third party defendant and request the court to order income withholding to begin.

G8. What is the penalty to an employer for failure to remit payments withheld?

There is a $100.00 penalty for first offense; $500.00 for the second offense; and $1000 for the third offense.

G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines?

G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order.

The initiating state must send a registration request for withholding of UIB and the accompanying required registration paperwork to the NC Central Registry. If the court order was established in North Carolina, send a request for redirection and enforcement.

G9.2. Optional comments regarding direct withholding of UI benefits across state lines.

G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines?

G10.1. Optional comments regarding direct withholding of WC benefits across State lines.

N/A

G11. How does an obligor contest income withholding in your State?

Within 10 days from receipt of Notice to Withhold, obligor files a Request for Hearing to contest Income Withholding to enforce child support (AOC-CV-619).

G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).

Current support first.

G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance?

Yes

G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.

For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?

G14. When does your state require the employer to send notice of an employee's termination?

At the time of termination of employment
For Additional Information - No Link Provided

G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?

At the employers discretion

G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?

The employer has the option to withhold the $2.00 processing fee per withholding from the non-custodial's income

G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes, both obligors and employers can make payments 24 hours a day, 7 days a week through our secure web-based system.
For Additional Information - No Link Provided

G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?

Employer
For Additional Information - No Link Provided

G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support.

Child support is paid first
For Additional Information - No Link Provided

H. Paternity

H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed?

H1.1. If yes, please explain.

N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

97% or above.
For Additional Information - No Link Provided

H3. Optional comments regarding paternity acknowledgment conclusive legislation.

Conclusive if neither rescission nor an order establishing paternity or support occurs within 60 days of signing
For Additional Information - No Link Provided

H4. What is the effective date of the State law that makes paternity acknowledgments conclusive?

10/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

N/A
For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

By competent evidence
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?

H6.1. If no, briefly explain.

If based on marital presumption, it is not conclusive
For Additional Information - No Link Provided

H7. Does your State have any other paternity-related presumptions?

H7.1. If yes, briefly explain.

N/A
For Additional Information - No Link Provided

H8. Does your State have a putative fathers' registry?

H8.1. If yes, what is the name of that entity?

N/A

H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics?

Yes

H9.1. If yes, please describe any circumstances under which these fees may be waived.

None
For Additional Information - No Link Provided

H10. Is common law marriage recognized in your State?

H10.1. If yes, briefly describe the standard that defines common law marriage.

N/A
For Additional Information - No Link Provided

H10.2. When did your current common law standard go into effect?

H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?

N/A

H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)

Written and teleconferencing. Videotape has not been used at this time.

H12. Please give the statutory citation for your State's long arm statute and list any special provisions.

NCGS 52 C
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes3.htm

H13. Does your State recover genetic testing costs for other States?

Yes

H13.1. If so, please explain.

When requested in the original petition

H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)?

Affidavit of Parentage or order of the court

H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?

October 1, 1997

H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One petition with separate Affidavit in Support of Establishing Paternity for each child

I. Support Order Establishment

I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation?

Both

I1.1. If your State can establish under both, under what circumstances would the administrative process be used?

When the non custodial parent agrees and signs a Voluntary Support Order and Agreement (VSA).

I1.2. Under what circumstances would the judicial process be used?

The judicial process is used when the non custodial parent does not agree.

I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.

N.C.G.S. 110-133
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes3.htm

I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's)

The other biological parent's income if available.
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your State?

The guideline amount is inequitable to one party or the child.
For Additional Information - No Link Provided

I4. Will your State establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

NC can request retroactive support for expenses that a NPA client has expended for a child at the time of support establishment. The request period has a 3 year statute of limitations. When a petition of support has been filed and support is established after an extended period of time, the obligation can be established retroactive to the date of filing.

I4.2. What information or documentation does your State require to proceed?

Affidavit of expenses
For Additional Information - No Link Provided

I4.3. Will your State allow a petition for support when the only issue is retroactive support?

Yes

I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify.

See I4.1

I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?

Paternity
For Additional Information - No Link Provided

I6. What is your State's statutory authority for the administrative process?

G.S. 110-132
For Additional Information - G.S. 110-132

I7. Is there a local State law that allows an interstate administrative subpoena?

No
For Additional Information - No Link Provided

I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?

No
For Additional Information - No Link Provided

I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?

I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?

I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action?

Establishment

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both?

J1.1. Are your State income tax refund procedures judicial, administrative, or both?

Administrative process .

J2. Is the lien process in your State judicial, administrative or both?

Administrative

J2.1. What are the trigger criteria for filing a lien?

3 months arrearage or $3,000. Interstate requests need proof of service of process on noncustodial parent, and location of property
For Additional Information - No Link Provided

J2.2. Where are your State liens filed?

NC Central Registry forwards to County where property is located

J2.3. Does your State charge a fee for filing a lien?

Yes

J2.4. If yes, please indicate the amount.

TBD by Clerk of Court

J.3. Does your State enforce property seizure and sale?

Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial

J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both?

Administrative

J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support?

When action is initiated

J4.2. Does your State's income withholding definition includes amounts in financial institutions?

No
For Additional Information - No Link Provided

J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the State or financial institution?

State

J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent?

Notices of intent are sent to the NCP and Financial Institution simultaneously

J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state?

$1000 minimum delinquency or amount equal to obligation owed for 6 months

J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?

$1,000 minimum delinquency or amount equal to obligation owed for six months
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize?

No limitation

J5.3. 1. If yes, please provide the time frame.

N/A

J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?

J5.4.1. If yes, please provide the percentage.

N/A

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, please define.

N/A

J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount.

J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?

state

J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?

The obligor and/or account holders have ten calendar days after service of process to challenge the action
For Additional Information - No Link Provided

J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action?

N/A

J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action?

The obligor/account holder can challenge the action based on a mistake of fact or by claiming a legal exemption
For Additional Information - No Link Provided

J5.10. Is your State's complaint review process judicial, administrative or both?

Both

J5.11. What are your State's penalties for incorrect seizures?

None

J5.12. Is the second challenge administrative, judicial or both?

Judicial

J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

10 days, same for non-debtor. Grounds for appeal are mistaken identity or delinquency is less than $1000.00 or an amount equal to the support owed for 6 months

J5.14. Is the Freeze and Seize operation in your state centralized or automated?

Centralized and automated

J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile?

Notices of Intent must be served on the non-custodial parent and the Financial Institution in accordance with Rule 4 of NC Rules of Civil Procedure. Contest must be made in writing to CSE agency and to court

J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?

J5.16.1. If yes, what is the amount?

J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?

J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets.

N/A
For Additional Information - No Link Provided

J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?

Yes
For Additional Information - No Link Provided

J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency?

The Financial Institution is instructed to send the assets immediately
For Additional Information - No Link Provided

J6. Does your State withhold State funds or benefits?

J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both?

Workers' compensation, unemployment compensation.

J7. Please describe any other administrative enforcement procedures your State may have.

Increase in income withholding

J8. Please describe any other judicial enforcement procedures your State may have.

Work requirement, work release, bond.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Copy of order, arrears statement, description of property, location of property, arrears in excess of $3000.00 or arrears equal to three months of child support obligation.
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

J10. Which of our State's enforcement remedies are available without registration?

Direct Income withholding

J11. Describe your State's registration and enforcement procedures.

A Registration packet is received from initiating state. The packet is filed with the clerk of court, a notice of registration is served on the non custodial parent. He has 20 days after service to contest the registration. If he contest, a hearing is scheduled. If he does not contest, on the 21st. day, the order is confirmed. A confirmation order is not issued unless a hearing is held.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.

None. The order is enforced the same as any local case.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, please provide the statutory citation.

NCGS 44-50
For Additional Information - http://www.dhhs.state.nc.us/dss/cse/statutes7.htm

J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States?

Yes

J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).

N/A

J15. Does your State use credit bureau reporting as an enforcement method?

Yes

J16. Provide which credit bureaus your State report an obligor's child support information?

Innoris Data Solutions and Experian

J16. Provide which credit bureaus your State report an obligor's child support information?

J17. Is the method for credit bureau reporting judicial, administrative or both?

Administrative

J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?

Responding

J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?

Existence of a child support order

K. Modification and Review/Adjustment

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?

Every 3 years or less if there is a significant change in circumstance.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?

In public assistance cases, reviews are automatic, in non-TANF cases upon request by the custodial or non-custodial parent.

K3. Briefly describe your State's modification procedure.

A court order is modified upon a motion in the cause and a showing of substantial change in circumstances by either parent or interested party or by consent agreement.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?

15% difference from present order amount and if the existing support order is 3 or more years old. If the order is less than 3 years old, the party requesting modification must show a "substantial change of circumstances".

K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?

K5.1. The earnings of the obligor have substantially increased or decreased.

Yes

K5.2. The earnings of the obligee have substantially increased or decreased.

Yes

K5.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed.

Yes

K5.5. The child(ren) have extraordinary medical expenses not covered by insurance.

Yes

K5.6. There has been a substantial change in child care expenses.

Yes

K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances?

Physical and emotional health needs, educational needs, day care costs or cost relating to age of the child; and a change in the custody status may be considered; addition of other biological children for either the custodial parent or non-custodial parent.

K6. Does your State have cost of living adjustments (COLAs)?

K6.1. If so, what index does your State use?

N/A

K7. How does your State credit SSA disability to current and past due support?

Current support guidelines provide that SSA benefits paid on the child's behalf are attributed as income to the parent on whose earnings record the benefits are paid, but they are deducted from that parent's child support obligation amount.

K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc.

K8.1. If yes, please explain the situation?

A child support payment or the relevant portion thereof, is not past due, and no arrearage accrues: (1) From and after the date of the death of the minor child for whose support the payment, or relevant portion, is made; (2) From and after the date of the death of the supporting party; (3) During any period when the child is living with the supporting party pursuant to a valid court order or to an express or implied written or oral agreement transferring primary custody to the supporting party; (4) During any period when the supporting party is incarcerated, is not on work release, and has no resources with which to make the payment.

K8.2. What is the statutory citation for your abatement law?

N.C.G.S. 50-13.10(d)(4)
For Additional Information - N.C.G.S. 50-13.10(d)(4)

K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

Local CSE must obtain information pertaining to both parties' ability to provide support; the availability of health insurance and wage data for either party (which may include written verification signed by the non-custodial parent's employer, tax records, bank statements, health insurance coverage verification, or other financial information); day care costs; special needs of the child(ren), and if a TANF case, the amount of TANF paid per child.

K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

North Carolina Vital Records 1903 Mail Service Center Raleigh, NC 27699-1903 919) 733-3000 Cost $24.00 http://vitalrecords.dhhs.state.nc.us

K9. What information is required to register an out-of-State order for enforcement/modification?

Transmittal #1 requesting Registration for Modification, Registration Statement, 1 certified order and all modifications, 1 certified arrears affidavit, Uniform Support Petition and General Testimony

L. Lump Sum Payments

L1. Does your State define a lump sum payment?

L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?

L1.2 Provide the statutory citation.

N/A
For Additional Information - No Link Provided

L2. Does your State law require employers to report lump sum payments?

L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.

N/A
For Additional Information - No Link Provided

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

N/A

L4. How are employers instructed to report a pending lump sum?

N/A

L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

N/A

L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?

Employers do not release a lump sum to the custodial parent. No requirement to hold for any period of time.

L7. Does your State use the income withholding order to attach the lump sum payment?

L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?

N/A

L8. Does your State use the lien/levy process to attach the lump sum payment?

Yes

L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?

unspecified

L9. What other documents does your State use to attach lump sum payments?

court orders

L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?

Yes

L10.1 If yes, what are those limits?

CCPA limits apply only if child support and spousal support are being collected through income withholding
For Additional Information - No Link Provided

L10.2 If no, what percentage is the employer required to withhold?

L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?

Yes

L11.1 If yes, would the employer only withhold for that period's obligation?

Yes, unless otherwise ordered by the court.

M. Insurance Match

M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided.

For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

M2.1. If yes, provide the statutory citation

N/A
For Additional Information - No Link Provided

M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency.

N/A

M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant.

N/A

M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?

N/A

M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold.

The insurance settlement must equal or exceed $3,000.

M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant).

N/A

M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied).

N/A

M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law.

N/A
For Additional Information - No Link Provided

M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law?

N/A

M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

No
For Additional Information - No Link Provided

M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs?

Yes

M3.1. Please provide the statutory citation.

North Carolina General Statutes, Chapter 58
For Additional Information - http://www.ncleg.net/EnactedLegislation/
Statutes/HTML/ByChapter/Chapter_58.html

M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy).

Insurance Settlement Lien Notice or IWO

M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?

Child Support Enforcement Agency

M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept.

N/A
For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation.

N/A
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

N/A

M7. How does another State initiate and intercept collections from your State Workers Compensation agency?

N/A

M7.1. What is the process, the points of contact, and what forms must be completed?

N/A

Dedicated To
Enforcing Your
Support Order.