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Child Support Services ENFORCEMENT

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SHOW CAUSE PROCEEDINGS

    1. Turner v. Rogers;
    2. Civil contempt proceedings;
    3. Pre-court negotiations;
    4. Administrative Enforcement.
    1. Proceedings for Civil Contempt as specified under NCGS 5A-23 are initiated either by order or notice of a judicial official (Clerk or assistant Clerk – per NCGS 7A-103(5)) or by a judge, directing the responsible parent to appear at a specified time, not less than five (5) days after notice (NCRC 6d) and show cause why he/she should not be held in contempt.
    2. A verified motion requesting that it be treated as an affidavit meets this requirement.
    3. The judicial official issuing the order to show cause must make a finding of probable cause to believe that Civil Contempt exists.
    4. Failure to comply with an order of the court is a continuing civil contempt, if all of the following conditions are met:
    5. The order of the court finding civil contempt must specify how noncustodial parent (NCP) can purge himself. The order must include a finding that the NCP has the ability to pay the purge amount that is ordered. An individual can also be found in criminal contempt for the same conduct, but total imprisonment for the same conduct cannot exceed the period of imprisonment for civil or criminal contempt (NCGS 5A-12), whichever is longer. It should be specified on the motion for an order to show cause whether the individual is being brought before the court on civil or criminal contempt.
    6. Release from civil contempt must be granted when it no longer exists, whether by non-existence of one of the three conditions above, or by the individual purging himself of contempt. No order of release is required if the custodian finds compliance with the specified method by which the person can purge himself/herself. Otherwise, the judge before whom the civil contempt was found, if available, or a judge of the same division in the same district (upon motion by the NCP) can order his/her release.

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