GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H 3

HOUSE BILL 189

Committee Substitute Favorable 3/18/13

Senate Judiciary II Committee Substitute Adopted 6/19/14

 

Short Title: Amend Info./Child Supp. Orders.

(Public)

Sponsors:

Referred to:

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, and to make technical corrections to the uniform deployed parents custody and visitation act.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 110‑136.3(a) reads as rewritten:

"(a) Required 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 address;address.

(2),(2a) Repealed by Session Laws 1993, c. 517, s. 1.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 income;income.

(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) Include the current residence and mailing address of the child, unless custodial parent, or the address of the child if the address of the custodial parent and the address of the child are different. However, there is no requirement that the child support order contain the address of the custodial parent or the child if (i) there is an existing order prohibiting disclosure of the custodial parent's or child's address to the obligor or (ii) the court has determined that notice 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.

(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 2. G.S. 50A‑370(a) reads as rewritten:

"(a) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. app. 521‑522. A court may not issue a permanent order granting custodial responsibility in the absence of the deploying parent without the consent of the deploying parent."

SECTION 3. G.S. 50A‑379(a) reads as rewritten:

"(a) Except for an order in accordance with G.S. 50A‑373 or as otherwise provided in subsection (b) of this section, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. app. 521‑522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision‑making authority, or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision‑making authority, or limited contact made pursuant to this Article if the modification or termination is consistent with this Part and the court finds it is in the best interest of the child. Any modification shall be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures under Part 4 of this Article, unless the grant has been terminated before that time by court order."

SECTION 4. G.S. 50A‑385(c) reads as rewritten:

"(c) In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates 60 days from the date of one of the following:

(1) The date the deploying parent gives notice to the other parent that the deploying parent has returned from deployment.

(2) The date stated in an order terminating the temporary grant of custodial responsibility.

(3) The death of the deploying parent.the deploying parent gives notice to the other parent that the deploying parent has returned from deployment, unless earlier terminated upon the date stated in an order terminating the temporary grant of custodial responsibility or the death of the deploying parent."

SECTION 5. G.S. 50A‑388(a) reads as rewritten:

"(a) A temporary order for custodial responsibility issued under Part 3 of this Article shall terminate, if no agreement between the parties to terminate a temporary order for custodial responsibility has been filed, 60 days from (i) the date the deploying parent gives notice of having returned from deployment to the other parent or and any nonparent granted custodial responsibility responsibility, when applicable, or (ii) upon the death of the deploying parent.parent, whichever occurs first."

SECTION 6. Section 1 of this act becomes effective January 1, 2015, and applies to orders entered on or after that date. The remainder of this act is effective when it becomes law.