Not paying child support? – Child support is an obligation which is generally created by a court order, where a parent with custody of a child has requested that the court orders the non-custodial parent to pay a monthly amount of support. If the non-custodial parent falls behind on payments, they could face being held in contempt of court. This entry will discuss some of the actions which can be taken against an individual who fails to pay their child support.
What Can the Court Do if Someone Doesn’t Pay Child Support?
In North Carolina, when a string of child support payments has not been made by the non-custodial parent, the parent with custody can ask the court to enforce its order of child support in a few different ways. Here are just a few methods that North Carolina courts might use to enforce a child support order:
- Garnishing wages;
- Garnishing funds from a tax return;
- Ordering the transfer of property (real or personal) to satisfy the amount;
- Placing liens on property;
- Sentence a person to jail.
What Happens if Someone is Found to be in Contempt of Court?
If an individual is found to be in contempt of a civil order, they are always provided with an opportunity to correct their contempt. As an example, this can be done by making good on past duechild support payments; by allowing visitation of the other party with a child; or by complying with the terms of a separation agreement. Please note, that violation of a separation agreement can only be considered contempt of court if the separation agreement has been incorporated into a court order, such as via a divorce decree.
An individual found to be in civil contempt can be imprisoned under N.C.G.S. § 5A-21(b1) for a period of up to ninety days, which can be extended to one or more periods of ninety days if the individual is still found to be in civil contempt.
Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We invite your inquiries.
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