GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 189
Committee Substitute Favorable 3/18/13
Short Title: Amend Info Prov./Noncust. Parent/Child Supp.
March 4, 2013
A BILL TO BE ENTITLED
AN ACT to amend the laws regarding information provided to noncustodial parents subject to wage withholding orders under the laws pertaining to child support.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 110-136.3(a) reads as rewritten:
Contents of Support Orders. All child support orders, civil or criminal,
entered or modified in the State in IV-D cases shall include a provision
ordering income withholding to take effect immediately. All child support
orders, civil or criminal, initially entered in the State in non-IV-D cases on
or after January 1, 1994, shall include a provision ordering income withholding
to take effect immediately as provided in G.S. 110-136.5(c1), unless one
of the exceptions specified in G.S. 110-136.5(c1) applies. A non-IV-D
child support order that contains an income withholding requirement and a IV-D
child support order
shall:shall comply with each of the following:
(1) Require the
obligor to keep the clerk of court or IV-D agency informed of the obligor's
current residence and mailing
(2), (2a) Repealed by Session Laws 1993, c. 517, s. 1.
(3) Require the
obligor to cooperate fully with the initiating party in the verification of the
amount of the obligor's disposable
(4) Require the
custodial party to keep the obligor informed of
(i) the custodial
party's disposable income and the amount and effective date of any substantial
change in this disposable income and (ii)income.
(4a) Require the North
Carolina Child Support Enforcement agency to provide, or to allow the obligor
to obtain through the N.C. Child Support Centralized Collections database, the
current residence address and mailing address of the custodial party, or the
current residence address and mailing address of the child if the address of
the custodial party and the address of the child are different. A form approved
by the Administrative Office of the Courts shall be supplied by the clerk of
court to an obligor to enable the obligor to proceed pro se pursuant to this
subsection. However, there is no requirement that the court authorize the
obligor to have access to the current residence and mailing address of the custodial
party or the child,
a. There is an existing order prohibiting disclosure of the address to the obligor.
the court has determined that notice providing the address
to the obligor is inappropriate because the obligor has made verbal or
physical threats that constitute domestic violence under Chapter 50B of the
General Statutes; andStatutes.
c. The child is in foster care, protective custody, or a court-ordered placement under Chapter 7B of the General Statutes.
d. Disclosure of the address is otherwise prohibited by State or federal law.
(5) Require the obligor to keep the initiating party informed of the name and address of any payor of the obligor's disposable income and of the amount and effective date of any substantial change in this disposable income."
SECTION 3. This act is effective when it becomes law.