Legal Statutes: North Carolina
UPDATED September 24, 2014
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- North Carolina General Statutes (select sections)
- Chapter 1. Civil Procedure
- Chapter 1A. Rules of Civil Procedure
- Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
- Chapter 5A. Contempt
- Article 1. Criminal Contempt
- Chapter 7B. Juvenile Code
- Subchapter IV. Parental Authority; Emancipation
- Chapter 14. Criminal Law
- Subchapter III. Offenses Against the Person
- Article 7A. Rape and Other Sex Offenses
- Article 8. Assaults
- Article 10 - Kidnapping and Abduction
- Article 10A. Human Trafficking
- Subchapter IV. Offenses Against the Habitation and Other Buildings
- Article 14. Burglary and Other Housebreakings.
- Subchapter VI. Criminal Trespass
- Article 22B. First and Second Degree Trespass
- Article 23. Trespasses to Personal Property
- Subchapter VII. Offenses Against Public Morality and Decency
- Article 26. Offenses Against Public Morality and Decency
- Subchapter IX. Offenses Against the Public Peace
- Article 35. Offenses Against the Public Peace
- Subchapter XI. General Police Regulations
- Article 39. Protection of Minors
- Article 40. Protection of the Family
- Article 52. Miscellaneous Police Regulations
- Article 53B. Firearm Regulation
- Chapter 42. Landlord and Tenant
- Article 5. Residential Rental Agreements
- Chapter 50. Divorce and Alimony
- Article 1. Divorce, Alimony, and Child Support, Generally
- Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act
- Article 2. Uniform Child-Custody Jurisdiction and Enforcement Act
- Part 1. General Provisions
- Part 2. Jurisdiction
- Part 3. Enforcement
- Chapter 50B. Domestic Violence
- Chapter 50C. Civil No-Contact Orders
- Chapter 52C. Uniform Interstate Family Support Act
- Article 3. Civil Provisions of General Application
- Article 5. Enforcement of Order of Another State Without Registration
- Article 6. Enforcement and Modification of Support Order After Registration
- Part 1. Registration and Enforcement of Support Order
- Part 3. Registration and Modification of Child Support Order
- Chapter 110. Child Welfare
Article 9. Child Support
back to top110-130.1. Non-Work First services
(a) All child support collection and paternity determination services provided under this Article to recipients of public assistance shall be made available to any individual not receiving public assistance in accordance with federal law and as contractually authorized by the nonrecipient, upon proper application and payment of a nonrefundable application fee of twenty-five dollars ($25.00). The fee shall be reduced to ten dollars ($10.00) if the individual applying for the services is indigent. An indigent individual is an individual whose gross income does not exceed one hundred percent (100%) of the federal poverty guidelines issued each year in the Federal Register by the U.S. Department of Health and Human Services. For the purposes of this subsection, the term “gross income” has the same meaning as defined in G.S. 105-134.1.
In the case of an individual who has never received assistance under a State program funded pursuant to Title IV-A of the Social Security Act [FN1] and for whom the State has collected and disbursed to the family in a federal fiscal year at least five hundred dollars ($500.00) of support, the State shall impose an annual fee of twenty-five dollars ($25.00) for each case in which services are furnished. The child support agency shall retain the fee from support collected on behalf of the individual. However, the child support agency shall not retain the fee from the first five hundred dollars ($500.00) collected. The child support agency shall use the fee to support the ongoing operation of the program.
(b) Repealed by Laws 1989, c. 490.
(b1) In cases in which a public assistance debt which accrued pursuant to G.S. 110-135 remains unrecovered, support payments shall be transmitted to the Department of Health and Human Services for appropriate distribution. When services are terminated and all costs and any public assistance debts have been satisfied, the support payment shall be redirected to the client.
(c) Actions or proceedings to establish, enforce, or modify a duty of support or establish paternity as initiated under this Article shall be brought in the name of the county or State agency on behalf of the public assistance recipient or nonrecipient client. Collateral disputes between a custodial parent and noncustodial parent, involving visitation, custody and similar issues, shall be considered only in separate proceedings from actions initiated under this Article. The attorney representing the designated representative of programs under Title IV-D of the Social Security Act shall be deemed attorney of record only for proceedings under this Article, and not for the separate proceedings. No attorney/client relationship shall be considered to have been created between the attorney who represents the child support enforcement agency and any person by virtue of the action of the attorney in providing the services required.
(c1) The Department is hereby authorized to use the electronic and print media in attempting to locate absent and deserting parents. Due diligence must be taken to ensure that the information used is accurate or has been verified. Print media shall be under no obligation or duty, except that of good faith, to anyone to verify the correctness of any information furnished to it by the Department or county departments of social services.
(d) Any fee imposed by the North Carolina Department of Revenue or the Secretary of the Treasury to cover their costs of withholding for non-Work First arrearages certified for the collection of past due support from State or federal income tax refunds shall be borne by the client by deducting the fee from the amount collected.
Any income tax refund offset amounts which are subsequently determined to have been incorrectly withheld and distributed to a client, and which must be refunded by the State to a responsible parent or the nondebtor spouse, shall constitute a debt to the State owed by the client.
Added by Laws 1983, c. 527, § 1. Amended by Laws 1985, c. 781, § 1-5; Laws 1985 (Reg. Sess., 1986), c. 931, § 1, 2; Laws 1989, c. 490; Laws 1995, c. 538, § 3, eff. Jan. 1, 1996; S.L. 1997-223, § 2, eff. July 1, 1997; S.L. 1997-443, §§ 11A.118(a), 12.28, eff. July 1, 1997; S.L. 2007-460, § 1, eff. Aug. 28, 2007.