Can I Pursue Past-Due Child Support Payments through Wage Garnishment in North Carolina?
At Waple & Houk, PLLC, 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 at (704)-954-8697 or schedule a free consultation online to learn more about how we can help you pursue the best outcome for your unique circumstances.