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G.S. 50-13.9 states that the designated CSS agency has sole responsibility and authority in cases for:
Agency payment records are admissible evidence in any action to establish, enforce, or modify a child support order. The court shall allow the designated representative of the agency to declare the authenticity of the payment record. When a NCP is cited to appear in court, the designated CSS agency must ensure that all appropriate payment records are prepared and presented to the court.
The local CSS agency is also responsible for verifying employment and income information prior to the court date. If information is obtained through DES, New Hire, or Federal Case Registry (FCR) records, the local CSS agency should contact the employer to verify that the received information is correct.
Each case that meets contempt criteria needs to be investigated to determine which enforcement remedy is appropriate at that specific time. If the case record shows that the NCP has been found in contempt three (3) or more times since October 1, 1999, for failing to pay court-ordered child support, CSS can request the NCP’s driver, hunting, fishing and/or trapping license be suspended or that the vehicle registration be blocked.
The CSS caseworker is to be present in court on the date of the NCP's appearance and prepared to testify to the facts of the case. The CSS agency attorney or the District Attorney must be available to represent the agency.
When an individual appears in court for failure to pay past due child support, is unemployed, and has no resources with which to pay past due support, then the court can order that individual to participate in work activities such as public or private employment, job search and job readiness assistance, on-the-job training, community service, etc. Job search or participation in work activities can be court-ordered when establishing a child support obligation as well.
If a supporting party makes a direct payment to a party that is entitled to receive it, as evidenced by a canceled check, money order, or written receipt for a period when a payment was not made to the NCCSCC, the payment is not past due and arrearages do not accrue. When the court becomes aware of such a situation during an enforcement proceeding or a motion is filed to reduce the arrearages by the amount of the payment made directly to the client, the court can enter an order with a provision that the NCP be credited for that payment.
The responsible CSS caseworker should enter/modify the court order in ACTS to reduce the total amount of arrearages by the amount credited to the NCP. They should send an adjustment request ONLY if other adjustments are needed to the arrearages in ACTS. (EX: The totals of the order and distribution sides in ACTS should balance after the the court order modification, but they do not.) The Distribution Unit at the CSS Central Office makes the additional adjustments.
Criminal means of enforcement must not be used in CSS cases involving an unemancipated minor NCP. If the NCP is under age sixteen (16) and is charged with willful failure to support pursuant to G.S. 49-2, the minor is prosecuted as a delinquent juvenile. If convicted of the delinquency in juvenile court, G.S. 49-2 does not bar the juvenile from relitigating the issue of paternity in a later court action, nor from requesting that his/her juvenile record be expunged. However, other administrative and civil means of enforcement can be used to the same extent as CSS cases involving adult NCPs. Prior to bringing enforcement actions against minor NCPs who are in secondary school, verification of income or resources must be obtained whenever possible.
G.S. 110-129(2) and 50-13.4(c) provide for the extension of CSS services beyond age eighteen (18) when a child is still in primary or secondary school and until such time that he/she graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress, or reaches age twenty (20), whichever comes first. The extension of support beyond age 18 is applicable for both Public Assistance (PA) and Non-Public Assistance (NPA) cases.
For support orders established before October 1, 1993, the decision to extend support beyond age eighteen (18) is within the discretionary powers of the court, provided that a valid ongoing court order for support existed prior to the child's eighteenth (18th) birthday.
For NPA cases, following a request from the client, the local CSS agency must pursue the extension of support when a child meets the criteria. For PA cases, the local CSS agency must proceed as quickly as possible to extend support beyond age eighteen (18) when the agency is made aware that a child meets the criteria for continued support.
When the NCP is in agreement with the continuation of support, support can be accomplished by consent. If no agreement is reached, the local CSS agency should file a motion with the court prior to the child's eighteenth (18th) birthday or as soon thereafter as possible. The local CSS agency must give notice of the pending action by serving the NCP with a copy of the motion. ACTS notifies the responsible caseworker ninety (90) days before the child's emancipation date so that continued support can be pursued, if appropriate.
If a previous order (such as a divorce decree) has specifically prescribed the extension of support, no further order is required. If the request to extend the support has not been granted prior to the eighteenth (18th) birthday of the last child in the case, the local CSS agency must close the case (unless any arrearages are owed) until the existing order is modified to allow for continuing support.
Once the modification has been obtained, the case should be reopened and any necessary adjustments made to the arrearage categories based on the provisions of the modified order.
If arrearages are owed, the case should remain OPEN with the current support subaccount CLOSED. Payments on the remaining arrearages continue in the same total amount that was due under the terms of the order or income withholding that was in effect when the obligation ended.
If the child no longer meets the criteria at any time following the extension of support, the obligation to support can be terminated upon presentation of substantiating evidence to the court.
Legislation that became effective on October 1, 1993, prescribes that support orders entered on or after that date shall, without further order of the court, continue past the child's eighteenth (18th) birthday if the child is still in primary or secondary school. The obligation remains in effect until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress toward graduation, or reaches age twenty (20), whichever comes first.
If the child is receiving a high school education through an alternative arrangement, each situation must be assessed on a case by case basis. Such alternative arrangements can include home schooling, the North Carolina New Schools Project (that includes conversion high school or early-college high school), taking high school courses through a community college, or any other alternative arrangement that allows the child to receive a high school diploma.
If termination of the support obligation is due to graduation or attaining age twenty (20), no court order is required. Local CSS should confirm the graduation or the birthday with the client and then notify the NCP that the obligation has terminated.
Payments on any remaining arrearages continue in the same total amount that was due under the terms of the order or income withholding that was in effect when the obligation ended.
Should the NCP desire to terminate support for reasons with which the client does not agree or that cannot be verified,the NCP should file a motion with the court for such termination.
A support obligation that has been terminated due to a child's failure to attend school on a regular basis or to make satisfactory academic progress can be re-established if the action causing the termination is corrected. If local CSS is made aware of the changed school status, a Motion To Modify (DSS-4643) can be filed with the court for the support order. Granting such a request is within the discretion of the court.
When support is extended beyond age eighteen (18) for a child whose PA eligibility continues to age nineteen (19), the support payments continue to be distributed as PA reimbursement. All support payments for cases in which support has been extended are distributed in accordance with CSS distribution regulations.
When the support obligation ends, the case should be closed unless arrearages are owed. If arrearages are owed, the case should remain open as an "Arrears-Only" case, and the current support subaccount should be closed.
Cases in which the NCP is not being pursued for support beyond age eighteen (18) should be closed, unless arrearages are owed. If arrearages are owed, the CSS case should remain open as an "Arrears-Only" case and the current support subaccount should be closed.
Arrearages cannot accrue in the following situations:
G.S. 50-13.10 specifies that arrearages, once accrued, cannot normally be retroactively modified and are entitled to full faith and credit as a judgment as they accrue. The procedures for execution of the judgment remain the same as provided in G.S. 50-13.4(f)(8) and (10).
Arrearages can be modified in the following situations when a motion is filed with the court and notice is provided to all parties:
Only those arrearages that accrued from the time the party was precluded from filing a motion until the date of the hearing can be modified by the court.
Spousal support includes postseparation support and/or alimony. G.S. 50-16.2A and 50-16.3A allow that postseparation support and/or alimony, respectively, can be ordered by the court under specific circumstances. Postseparation support is intended to be a temporary payment for the benefit of the dependent spouse and generally ceases once an award of alimony is either allowed or denied by the court. For CSS's purposes, these types of payments to the client are considered "spousal support".
The CSS agency is required under 45 CFR sections 302.17 and 302.31 to collect spousal support for a spouse or former spouse with whom the responsible parent's child is living when a child support order has been established and is being enforced. Spousal support can be collected only if the support obligation with respect to the spouse is established in conjunction with a child support order for that responsible parent's child.
NOTE: The CSS agency is not authorized to assist in the establishment of a spousal support order.
Local CSS uses standard enforcement remedies to enforce a spousal support order when a child support order is being enforced. G.S. 50-16.7 provides enforcement remedies of civil contempt proceedings, liens, bonds, mortgages, or deeds of trust. The supporting parent could also be required to execute an assignment of wages, salary, or other income due or to become due.
In addition, the remedies of attachment and garnishment in Article 35 of Chapter 1 of the General Statutes are available to enforce spousal support orders; however, this procedure is different from garnishment as provided in G.S. 110-136 in that the garnishment is not ongoing.
NOTE: IRS tax intercept procedures can be used to collect spousal support arrearages in NPA cases when the child support and spousal support are included in the same court order. Income withholding can be used to collect spousal support in both PA and NPA cases.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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