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Can I Pursue Past-Due Child Support Payments through Wage Garnishment in North Carolina?
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07Sep
Can I Pursue Past-Due Child Support Payments through Wage Garnishment in North Carolina?
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.
Are there Wage Garnishment Limits for Past-Due Child Support 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:
- Confirmation the non-custodial parent is under a court order to pay child support.
- Evidence the non-custodial parent is late in child support payments or makes payments erratically.
- Name of each child for whom the non-custodial parent must pay child support.
- Contact information for the non-custodial parent’s employer and the disposable income they receive.
- The amount of past due payments and the total amount sought to be withheld.
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.
Contact Our Experienced Family Law Attorneys in Charlotte, North Carolina Today
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 free consultation online to learn more about how we can help you pursue the best outcome for your unique circumstances.
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Lindsey Houk helped me gain custody of my son from a very toxic and unhealthy environment with his biological mom. Thanks to Lindsey, I was able to provide him with the stability he needed. Thank you for your hard work and unwavering dedication to our case. You were always available, promptly filed emergency documents, and provided unwavering support from the moment we first discussed my case in your office. Some might say you were just doing your job, but whatever the case, my family appreciates you so much. My son is the true definition of...
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Lou and Cheri were absolutely amazing! Cheri went above and beyond any expectations I had to make sure I was taken care of. Lou was there for all of my questions and made sure the mediation went the way it should by engaging the moderator and making sure the insurance company was held responsible for the compensation to me for my injuries. Thank you both and your entire team for helping me through this horrendous tragedy. I am forever grateful to you!
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I have never had to even think about finding a lawyer considering I’m only 31, never would I imagined needing one. But Waple and Houk saved my life. Lou Waple, I can’t say enough kind words about this man. He become part of my life not just a lawyer, he listened when I cried, he fought for me like no one else was, he got what I deserved in the end and if it wasn’t for him idk where I’d be...
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Lou Waple was the best. I’ve never had to deal with a workman’s compensation claim before. Lou was there any time to answer my questions and concerns and made sure I was treated fairly. I highly recommend his services.
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