Income Withholding is (almost) Automatic in NC Child Support Cases
As a matter of public policy, child support is a priority in North Carolina. There are several reasons for this but, mainly, North Carolina wants to ensure children are provided for and taken care of. As a result, North Carolina statutes make provisions for immediate income withholding in both IV-D and Non-IV-D child support cases.
First, an IV-D child support case is one enforced through a state child support enforcement agency created under Title IV-D of the Social Securities Act. Generally, if the child support action was filed through North Carolina child support enforcement, it is an IV-D support case. A non-IV-D child support case is one handled in regular district court. Often, a claim for child support will be included with several other divorce related claims filed in district court such as alimony, equitable distribution and child custody. Different statutes govern each type of case so it is important for your attorney to know which rules apply. Below is some general information regarding when income withholding is immediately initiated and when it is not.
Income Withholding in IV-D Cases:
The obligor or person responsible for paying child support will be placed under an order for immediate income withholding. Immediate income withholding will not apply if:
1. Information regarding the obligor’s disposable income is unavailable at the hearing;
2. The obligor is unemployed; or
3. he parties reach an agreement which provides an alternative arrangement.
Even if the obligor is not immediately subject to income withholding, he or she can still be subject to income withholding if:
1. He or she is behind in payments; or
2. He or she requests that income be withheld.
Income Withholding in Non-IV-D Cases:
The obligor is subject to immediate income withholding unless:
1. One of the parties demonstrates (and the court finds) that there is good cause not to require immediate income withholding.
2. The parties reach a written agreement that provides for an alternative arrangement.