Enforcing Child Support Orders in North Carolina

Managing missing child support payments is never simple. It might make you feel as though you have few choices and that it’s annoying and taxing. Should you be in North Carolina and encountering this problem, be aware that you’re not alone in handling it. The state provides ways to enforce child support orders, and there are several tools that can help get the payments back on track.

If you’re struggling to get the support your child needs, a child support lawyer can be a real asset. They may walk you through the enforcement procedure, clarify your rights, and assist you in gaining knowledge of the necessary actions to take. Making sure your child receives the support they are due is everything; you won’t have to do it on your own with the correct help.

Understanding child support obligations

Child support isn’t optional. It’s a legal requirement. In North Carolina, both parents must financially support their child, no matter their relationship status. The amount owed is typically based on the North Carolina Child Support Guidelines, which consider each parent’s income, custody arrangements, and the child’s needs. Once a court issues a child support order, the paying parent has to either follow it or face consequences.

Some parents mistakenly think they can withhold payments if they don’t like how the money is being spent. That’s not how it works. Child support covers necessities like housing, food, clothing, medical care, and education. If a parent refuses to pay, the state has several enforcement tools to step in.

Steps to take when child support payments are missed

1. Try communication first: If possible, try to communicate with the other parent to resolve the issue. Not every missed payment is intentional. Sometimes, the paying parent loses a job or runs into financial trouble. Reach out to understand what’s going on. Maybe they need temporary flexibility or help requesting a modification. But are they ignoring you or just refusing to pay? Then it’s time to take action.
2. Keep records of missed payments: If payments stop, start keeping track. Write down dates, amounts, and any communication attempts. Save text messages or emails where the other parent acknowledges missed payments. If legal action becomes necessary, this documentation will help.
3. File a motion for contempt: If informal resolution fails, the custodial parent can file a motion with the court. You don’t have to handle enforcement alone. A child support lawyer can explain your rights and help you navigate the system. They can also make sure you’re using the most effective enforcement tools for your situation.

Legal enforcement options for child support in North Carolina

If informal efforts don’t work, North Carolina provides several legal options to enforce child support orders.

1. Income withholding (wage garnishment)

The most common enforcement method of collecting child support is wage garnishment. The state can order the paying parent’s employer to withhold child support from their paycheck automatically. This ensures regular payments, and employers are legally required to comply.

If the parent changes jobs, they must notify the court. Some, unfortunately, try to dodge payments by working under the table. In those cases, other enforcement actions may be needed.

For more on wage withholding, refer to North Carolina’s Child Support Services department.

2. Intercepting tax refunds

If child support is overdue, the state can intercept the parent’s tax refund and apply it toward the unpaid balance. This is an effective way to recover large sums quickly.

3. License suspension

North Carolina can suspend a delinquent parent’s driver’s license, professional license, or even a recreational license if they owe substantial child support. Losing a driver’s license can make everyday life difficult, which often motivates parents to pay up.

4. Liens on property or seizing bank accounts

If a parent owns property, the court can place a lien on it, preventing its sale until the child support debt is settled. The state can also seize funds directly from bank accounts to cover unpaid child support.

5. Reporting to credit bureaus

Falling behind on child support doesn’t just impact the child—it can also hurt the delinquent parent’s financial standing. North Carolina reports unpaid child support to credit agencies, which can lower credit scores and make it harder to get loans, rent apartments, or buy a car.

6. Criminal charges for non-payment

If a parent willfully refuses to pay, they can be held in contempt of court. This can lead to fines, additional wage garnishments, and in extreme cases, even jail time. Judges don’t usually rush to jail parents over child support, since that makes it harder for them to earn money. But if someone is deliberately avoiding their responsibility, the court will act.

How North Carolina Child Support Services (CSS) can help

North Carolina’s Child Support Services (CSS) assists parents with enforcing child support orders. They can locate missing parents, establish paternity, and enforce payments through legal channels. Parents can apply for services through their local CSS office or online.

Can child support orders be changed?

Yes, but only through the court. If a paying parent has a legitimate reason, like job loss or a medical emergency, they can request a modification. The court will review the situation and decide whether to lower or temporarily suspend payments. Until the court grants a modification, the original support order remains in effect.

A parent can’t just stop paying because they think they should owe less. If circumstances have changed, they need to go through the proper legal channels.

Take action to protect your child

Are you facing challenges with enforcing a child support order? Don’t wait to take action. A child support lawyer can help guide you through the process and ensure your child gets the support they deserve. Don’t hesitate to reach out for assistance.

If you need quality and skilled representation for child support and custody issues, the attorneys at Epperson Law Group, PLLC are ready to talk. Our family law attorneys dedicate their work to protecting the rights of children and families during difficult times and advocating for their best interests. We’re just across the road from the Home Depot off Ballantyne Commons Parkway. To schedule a consultation at one of our offices in Charlotte, Boone, or Weddington, please call us or fill out our contact form.