North Carolina Child Support Enforcement

If you're the custodial parent and depend on child support payments from the other birth parent to meet your child's needs, any delay is a nightmare. To help, we've provided answers to common questions about how child support payments are enforced in North Carolina. This FAQ will help with understanding how the system works and allow you to know what solutions are available.

What Is Child Support?

Birth parents are responsible for the well-being of their children. This applies regardless of their current relationship. Even if the parents aren't going to raise the child together in a two-parent household, they're still obligated by North Carolina law to provide the same level of support as if they were. This means allocating the same amount of money for their needs.

Title IV-D of the Social Security Act of 1975 ordered the states to create a system for collecting and distributing child support payments. The money is used to pay for a child's necessities, such as:

• Clothing

• Daycare and childcare expenses

• Educational expenses

• Food

• Health insurance premiums

• Medical costs and dental costs (a minimum of $250 a year)

• Shelter

• Work related child care costs

How Does North Carolina Figure Out Who Pays and How Much?

Figuring out child support is a complicated process. For a detailed explanation that includes links to North Carolina's child support calculator worksheets, head over to FindLaw's Child Support Basics article.

In most child support cases, there's a custodial parent and a noncustodial parent. The custodial parent has physical custody of the child or children for at least 243 overnights per year. The number of overnights noncustodial parent has the kids determines whether it's a primary custody or shared custody arrangement.

A split custody situation occurs when two or more children are involved and each parent has primary custody of at least one. Parents are considered both custodial and noncustodial under split custody.

Under the income shares model, the gross income of both parents is combined and applied to the Schedule of Basic Support Obligations table. This is determined by the North Carolina Child Support Guidelines. Other expenses are added before the number is split by the percentage each parent contributed to the combined gross income. It's common for the noncustodial parent to make payments.

My Ex Has Primary Custody of the Kids and Makes Much More Than I Do. Will I Still Have To Make Child Support Payments as the Noncustodial Parent?

As a parent, you're obligated to meet the needs of your child. Unless you and your ex come to a written agreement that has them covering all costs, you're expected and required to contribute support at some level. Under the guidelines, disparities in income are addressed during the calculation process.

If the other birth parent's gross income contribution is 90% of the combined gross income, your payment is the remaining 10%. If making a child support payment would put your income below the self-support reserve (poverty level), the court can have your payment adjusted to a minimum of $50 per month. Check with the Department of Social Services (DSS) for help with this.

How Does a Child Support Payment Get From the Noncustodial Parent to the Custodial Parent?

All child support payments in North Carolina are handled by the NC Child Support Centralized Collection (NCCSCC) operation. This allows the state to track payments and detect nonpayment issues. All payments are entered into ACTS (Automatic Collection and Tracking System). The NCCSCC takes care of all distribution of support as well.

North Carolina law dictates that the default method for child support payment is income withholding. This means that the child support amount is deducted from the obligor's (paying parent) paycheck by their employer. The employer then sends the funds to the NCCSCC. The site offers assistance in both English and Spanish.

Income withholding is not voluntary. Some situations, such as self-employed people or business owners, allow for alternate payment methods. These include:

• Pay by phone with a credit card - 800.992.9457 (toll-free) or 855.702.2268

• Bank draft - automatic scheduled withdrawals from a bank account

• Use an eWallet such as Venmo, Paypal, ApplePay, or GooglePay

• Pay by mail at:

  • NC Child Support Centralized Collections Operation
    PO Box 900006
    Raleigh, NC 27675-9020

• Pay online with a credit card at the NCCSCC

• Pay in person at Walmart (check at their customer service center)

Obligors can make smaller payments throughout the month as long as the full amount owed is met before the deadline. For more information, FindLaw's North Carolina Child Support Payments article has you covered.

What Agencies in North Carolina Enforce Child Support Payments?

The agency most likely to get involved in the enforcement of support obligations is Child Support Services (CSS), which is part of the North Carolina Department of Health and Human Services. This was originally known as the Child Support Enforcement Unit (CSE). This child support office is tasked with making sure child support is paid.

The CSS is a customer service center for parents involved with child support. Parents can file for numerous services through the CSS, including the location of noncustodial parents. There's a $25 application fee.

The NC Child Support Centralized Collection (NCCSCC) operation processes all payments in the state. They'll alert the proper authorities if payments become delinquent.

In addition to the establishment of support obligations, North Carolina Family Law courts can modify and terminate child support obligations. Parents can file a complaint to address nonpayment of child support.

My Kid’s Noncustodial Parent Isn’t Making Their Child Support Payments. What Now?

Income withholding is North Carolina law to keep this issue as rare as possible. If you're a parent who lost employment involuntarily, you can request a child support modification for a significant change in circumstances.

The CSS has a multitude of administrative procedures available to collect from delinquent accounts. These include:

• Withholding income from social security, unemployment, workers compensation, or veterans' disability compensation

• Placing liens on a parent's real or personal property

• Garnishing state and federal tax refunds

• Suspending driving, occupational, sporting, and/or recreational licenses

• Reporting late payments to the credit bureaus

• Denial of passport issuance or renewal

Parents waiting for overdue child support can seek relief through Family Court. If you have a CSS caseworker, speak with them for help. Filing a Motion and Order To Show Cause for Failure To Comply With Order in Child Support Action (Fcv-601) will force the delinquent payer to explain to the court why they're not meeting their obligation.

If the court doesn't accept the answer, the parent faces contempt of court charges. Charges can increase in severity for certain instances.

Wait. Can a Parent Go to Jail for Not Paying Child Support?

Given that incarceration can make meeting payments more difficult, it's not the preferred option. Still, North Carolina law states that a parent who neglects or refuses to provide for their child is guilty of a Class 2 misdemeanor. This carries the potential of between one to 30 days of jail time.

Any violation beyond the first is a Class 1 misdemeanor. A parent who refuses to pay child support and/or attempts to conceal their location to avoid paying is guilty of a Class 1 felony.

What if the Noncustodial Parent Moves Out of North Carolina? Do They Still Have To Make the Payments?

Yes. Child support orders are enforced in all U.S. states under the Uniform Federal Family Support Act. The CSS can help you find a parent through the Federal Parent Locator Service (FPLS).

North Carolina Child Support Enforcement - Summary

Parents shouldn't try to shirk their obligation to their children, but it happens. The table below recaps the resources available in North Carolina for the enforcement of child support payments. Links are included for further research.