Child Support Contempt Proceedings in North Carolina

Each person and their circumstances as a separated couple are different. It is the court’s job to determine the amount of child support necessary for the health and well-being of the child. There are many factors to consider when determining the amount of child support the non-custodial parent must provide.

The following are the determining factors for child support:

• How many children require support
• Child custody arrangements
• The amount of visitation time
• Gross income of both parents
• Whether a child has special needs
• Special situations that involve deviation
• Pre-existing child support obligations
• “Extraordinary expenses” paid on behalf of a child (i.e., private school tuition)

When a non-custodial parent doesn’t pay child support, that puts the entire responsibility on the other parent and can make it challenging to support the child or children’s needs. If there is more than one child, this can put the children at extreme risk and needs to be taken seriously. If you are struggling with a non-custodial parent not paying child support, contact a child support contempt lawyer as soon as possible.

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A child support order informs the non-custodial parent what they must do to support their child or children. If a parent doesn’t pay their required amount, the custodial parent can seek assistance from North Carolina as Child Support Services (CSS), where they can petition the courts to enforce the child support order through:

• Filing a court action against a noncustodial parent
• Filing a claim against the noncustodial parent’s real or personal property
• Intercepting state or federal tax refunds
• Garnishing a paycheck
• Income withholding
• Reporting nonpayment to credit bureaus

Having children is a life-long responsibility and requires both parents to support their children’s needs. The best option is for the non-custodial parent to pay the child support they are responsible for. While one missed child support check isn’t an immediate problem, the punishments which may occur depending on the reasons for missing child support due date and other factors.

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Not only will the non-custodial parent face child support enforcement actions if they don’t pay their responsible funds, but there are also serious consequences that can affect their daily life and responsibilities. Some of the consequences, outside of the enforcement actions, that a non-custodial parent can face if they don’t pay child support include:

• Expensive fines
• Suspension of passport, driver’s license, and other occupational, sporting, or recreational licenses
• Money from state and federal tax refunds can be taken
• Withholding income from your paychecks, social security benefits, unemployment benefits, workers’ compensation, or veterans’ disability compensation
• Sentencing you to jail time

The above penalties can affect your job, relationships, and other essential parts of a person’s life. For non-custodial parents, it’s important to make sure to pay the necessary child support or discuss options for payment. If the court finds that the non-custodial parent could pay child support but chose not to, the parent may face severe disciplinary action.

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