Even if the non-custodial parent lives outside the state of North Carolina, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and North Carolina child support law to collect regular and past-due payments.
The North Carolina Child Support Enforcement is the state-run child support enforcement office for North Carolina. The North Carolina Department of Health and Human Services is required by federal law to provide services through the division of Social Services Child Support Enforcement (CSE) and is funded by the federal government and the state of North Carolina.
|NORTH CAROLINA CHILD SUPPORT ENFORCEMENT CASELOAD STATISTICS1|
|Full Time Equiv. Staff||1,641|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
North Carolina law makes provisions to charge interest on late child support payments, adjudicated arrears, and retroactive support. The rates are set at the court's discretion.
The statute of limitations for enforcement of child support orders in North Carolina is is 10 years from when the installment became due, then a judgment can be revived once for 10 more years.
In North Carolina, paternity must be established by child's 18th birthday.
The age of emancipation in North Carolina is 18 years of age. (Section 40-4-7 (b)(3)(b))
Support orders may continue to 20 years of age if the child is still in high school.
North Carolina's child support guidelines provide a range of amounts based on both parents' gross monthly income, a comparative percentage of each parent's income, a number of related expenses (child care, health and dental coverage), the number of children involved.
Circumstances that create a substantial hardship in the obligor, obligee or children may justify a change upward or downward from the amount that would otherwise be payable under the guidelines. Any change is determined by the court.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.