GENERAL ASSEMBLY OF NORTH CAROLINA
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.
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
(2),(2a) Repealed by Session Laws 1993, c. 517, s. 1.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
(i) the custodial party's disposable income and the amount
and effective date of any substantial change in this disposable income and
(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;
(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.