07Sep
At Waple & Houk, our Charlotte child custody attorneys know when custodial parents are awarded child support through a court order, they often count on the financial contribution to help run their homes each month.
When the non-custodial parent fails to pay child support in full or on time, the recipient may pursue the arrears through wage garnishment in North Carolina.
Wage garnishment can only be ordered if a parent has violated a court order for child support.
North Carolina laws allow parents to file a motion for wage garnishment when the non-custodial parent’s child support payments are delinquent, erratic, or in arrears.
Before a wage garnishment order is approved, the court requires:
If these facts can be confirmed, up to 40% of non-custodial parent’s disposal income can be withheld from their paycheck for a child support payment for one child. The withheld amount may increase if the individual owes past-due child support for multiple children.
Once the court order to garnish wages for child support goes into effect, the employer legally must withhold the set wage amount and send it to the state, despite the employee’s wishes.
If you have questions about divorce, child custody, and child support in North Carolina, contact our dedicated family law attorney in Charlotte today or schedule a consultation online to learn more about how we can help you pursue the best outcome for your unique circumstances.
Call US now: