What Happens If Child Support Payments Are Not Being Made in North Carolina?

Child support is a legal tool used across the country to help separated parents ensure their child’s needs are met. However, when your coparent stops making payments on time or refuses to pay altogether, you may be wondering what happens if child support payments are not being made in North Carolina. Understanding the laws that govern child support in North Carolina and how they can help you secure support is crucial in ensuring your child receives the help they need.

The Importance of Child Support

Child support in North Carolina, and across the country for that matter, heavily impacts a child’s quality of life. Because it’s often difficult for just one parent to bear the financial load that comes with raising a child, separated parents must still share the responsibilities of ensuring their child has a good quality of life. This means that even when a parent is not present in their child’s life, they may still be required to make support payments to ensure their needs are met.

When a North Carolina parent is delinquent on payments, it can cause the custodial parent serious financial hardship and place the child’s everyday life and long-term well-being at risk.

CSS reports that in the fiscal year of 2021, more than 375,000 child support cases were opened, closed, or reviewed. Over $651 million in support payments were collected this year, emphasizing the sheer amount of aid needed by parents across the country.

What to Do When You Don’t Receive Child Support in North Carolina

North Carolina has a variety of guidelines in place that dictate the terms of creating, modifying, and enforcing child support. If child support payments are missed, North Carolina parents have a variety of options to collect their support. The following are methods a North Carolina parent may use to acquire the support payments they’re owed:

• Contact Child Support Services (CSS). CSS holds the power to demand child support payments while initiating wage garnishment procedures and intercepting tax refunds to collect debts outside of court proceedings. A court filing might become necessary when CSS enforcement fails to solve complex problems like disagreements on payment amounts or custody changes.
• File a Motion for Enforcement. You may need to file a motion for enforcement with your local family court, which allows a judge to order payment and hold the non-paying parent in contempt. Punishments for contempt can include fines or jail time. The judge may also place a lien on property or suspend professional and driver’s licenses.

If a court filing becomes necessary, you should hire a child support lawyer who can advocate for your rights and ensure you receive what you’re legally owed.

Modifying a Child Support Order in North Carolina

If child support payments are missed due to valid and likely long-term issues, the courts may allow for modification. Modifications to support orders can occur when there is a substantial change in a North Carolina parent’s financial or physical circumstances. These changes can include:

• Job loss
• Sudden medical expenses for the parent
• Decrease in income
• Change in the custody arrangement
• Substantial increase in costs for the child, such as education or medical care

A knowledgeable child support attorney from Griffin Law, PLLC, can help you file a motion for modification and make sure any change to the order is reasonable and enforceable by the courts.

Hire a Child Support Lawyer From Griffin Law, PLLC

When payments are regularly late, or CSS enforcement is not successful, you should hire a child support lawyer if you have not already. An experienced child support attorney has the knowledge and resources needed to fight for the payments you and your child deserve.

At Griffin Law, PLLC, our firm is devoted to protecting the rights of North Carolina parents and their children. We understand just how critical a role child support can play in your life and are committed to fighting for the payments you need to care for your family. Whether you’re looking to enforce a support order or would like to have your current one modified, the team of attorneys at Griffin Law, PLLC, can guide you every step of the way.

FAQs

What Are the Consequences of Not Paying Child Support in North Carolina?

A parent’s failure to pay child support can have significant consequences under North Carolina child support laws. Parents who neglect their child support payments in North Carolina may encounter wage garnishment, along with tax refund withholding and professional license suspension. Judges can mandate jail sentences for non-compliant parents, which serves as a strong enforcement mechanism for payment orders.

How Far Behind on Child Support Can a Person Be Before Going to Jail in North Carolina?

In North Carolina, there is no specific number of missed payments that can trigger jail time. Instead, if the parent is determined to be in willful nonpayment, the parent may be subject to contempt proceedings. Judges can also sentence parents to jail until they pay part of the past due amount and prove they are following the order.

How Do I File for Child Support Enforcement in North Carolina?

To file for child support enforcement in North Carolina, you can request enforcement through Child Support Services (CSS). If CSS does not provide adequate relief, you can also file a motion with your local family court to initiate contempt proceedings. Many parents enlist the assistance of a child support attorney to help ensure that enforcement actions are carried out.

Can Child Support Arrears Be Forgiven in North Carolina?

Arrears are almost never forgiven in North Carolina because they represent a legal obligation to a child. A custodial parent may agree to waive a portion of arrears, but a court must approve this first. Interest and penalties will also continue to accrue. Parents should consult an attorney before trying to negotiate forgiveness.

Contact Griffin Law, PLLC, Today

Your child support payments play a critical role in the well-being of your child. Don’t wait to take legal action when you’re not receiving what you’re owed. The team at Griffin Law, PLLC, can fight for the support you deserve. Contact us today to learn more.