When a noncustodial parent fails to pay court-ordered child support, the financial and emotional burden falls on the custodial parent and children. At Marshall & Taylor PLLC, our child support enforcement attorneys in Wilmington help families enforce child support agreements. We use proven legal methods to collect the support your children deserve.
Our experienced Wilmington family law attorneys understand the urgency of your situation. We work hard to collect the support your children deserve through aggressive enforcement strategies.
Why Child Support Enforcement Matters
Child support provides essential financial stability for children when parents separate or divorce. When a noncustodial parent fails to pay, custodial parents often struggle to cover basic expenses like housing, food, education, and healthcare. North Carolina recognizes the importance of enforcing these obligations. The state maintains a comprehensive Child Support Services program dedicated to collecting unpaid support.
The consequences of unpaid child support extend beyond immediate financial hardship. Children miss educational opportunities, experience housing instability, and face emotional stress. Enforcing child support agreements protects your children’s future and holds noncustodial parents accountable for their legal obligations.
Understanding North Carolina Child Support Enforcement
North Carolina operates through two primary pathways for child support enforcement: the state Child Support Services program and private attorney representation. The CSS program, administered through county departments of social services, provides enforcement services at no cost to custodial parents. However, many families benefit from hiring a private family law attorney who can pursue aggressive enforcement strategies tailored to their specific circumstances.
The CSS program uses the Automated Collection and Tracking System (ACTS) to monitor payments, identify arrearages, and coordinate enforcement efforts. In New Hanover County (which includes Wilmington), the CSS office is operated by Veritas HHS and is located at 3340 Jaeckle Drive, Suite 202, Wilmington, NC. You can reach them by contacting the statewide NC Child Support Enforcement hotline.
A child support enforcement attorney complements these efforts by filing motions in court, representing you in enforcement hearings, and pursuing remedies that the CSS program may not prioritize.
Common Enforcement Methods in North Carolina
North Carolina courts and the CSS program employ multiple enforcement tools to collect unpaid child support. Understanding these methods helps you know what options are available and what to expect during the enforcement process.
Wage Garnishment and Income Withholding represent the most common enforcement methods. Once a child support order is in place, income withholding orders direct the noncustodial parent’s employer to deduct support payments directly from their paycheck. This automatic deduction ensures consistent payment and reduces the likelihood of arrearages accumulating.
Tax Refund Interception allows the CSS program to intercept federal and state income tax refunds owed to the noncustodial parent and apply them toward unpaid child support. This method captures lump-sum payments that can significantly reduce arrearages and accelerate collection efforts.
License Suspension gives the state authority to suspend the noncustodial parent’s driver’s license, professional licenses, and recreational licenses (such as hunting or fishing licenses) when child support falls significantly behind. This powerful enforcement tool motivates payment by restricting privileges essential to employment and daily life.
Contempt of Court Proceedings allow the court to hold a noncustodial parent in contempt for willfully violating a child support order. Contempt can result in jail time, fines, and attorney fees. These serious consequences encourage compliance.
Bank Account Levies and Asset Seizure enable the CSS program to freeze bank accounts and seize assets to satisfy unpaid child support obligations. This method reaches liquid assets that can be quickly converted to payment and represents one of the most effective collection mechanisms.
Credit Reporting and Judgment Liens damage the noncustodial parent’s credit score and create liens against real property, making it difficult to obtain loans or sell assets without satisfying the child support debt. These enforcement consequences create long-term incentives for compliance.
The Contempt of Court Process for Child Support
Contempt of court occurs when a noncustodial parent willfully violates a valid child support order. The keyword is “willfully” as the parent must have the ability to pay but chooses not to. North Carolina courts distinguish between civil contempt (designed to coerce compliance) and criminal contempt (designed to punish past violations).
A noncustodial parent cannot be held in contempt simply because they lack the financial means to pay. However, if they have the ability to pay and deliberately refuse, the court may impose jail time, fines, and require them to pay your attorney fees. Contempt proceedings provide a powerful enforcement mechanism when other methods prove ineffective.
Modifying Child Support Orders When Circumstances Change
Sometimes, enforcement alone is insufficient if the noncustodial parent’s circumstances have genuinely changed. North Carolina law allows modification of child support orders when there is a substantial change in circumstances. This might include job loss, significant income reduction, custody modifications, or changes in childcare expenses.
Modification differs fundamentally from enforcement. Enforcement seeks to collect payments owed under an existing order, while modification seeks to change the order itself going forward. We help families determine whether modification is appropriate and pursue it through the proper legal channels. However, modification does not eliminate arrearages already owed—enforcement remains necessary to collect past-due amounts.
How Marshall & Taylor PLLC Helps Enforce Your Support Agreement
At Marshall & Taylor PLLC, our experienced child support attorneys take a comprehensive approach to enforcement. During your initial consultation, we review your child support order, assess the noncustodial parent’s ability to pay, and identify the most effective enforcement strategies for your situation.
Our process includes thorough case assessment, strategic planning, representation in court proceedings, and persistent communication with opposing counsel and the courts. We handle all aspects of enforcement, from filing motions to appearing at hearings to negotiating payment arrangements. Our experienced child support enforcement attorneys bring years of experience and a deep understanding of North Carolina family law to every case.
We understand that child support enforcement can be emotionally draining and financially stressful. We provide clear communication throughout the process, keeping you informed of developments and explaining your options at every stage. Our goal is to secure the financial support your children deserve while treating all parties with dignity and professionalism.
Frequently Asked Questions About Child Support Enforcement
How long does child support enforcement take in North Carolina?
The timeline varies depending on the enforcement method used and the noncustodial parent’s cooperation. Wage garnishment can begin within weeks once the order is in place. Contempt proceedings may take several months from filing to resolution. Tax refund interception occurs annually when refunds are processed. We work to expedite the process while ensuring proper legal procedures are followed.
Can child support be enforced across state lines?
Yes. North Carolina participates in the Uniform Interstate Family Support Act (UIFSA), which allows enforcement of child support orders across state lines. If the noncustodial parent lives in another state, we can file enforcement actions in that state or request assistance from the other state’s child support enforcement agency. Interstate enforcement adds complexity but remains possible with proper legal representation.
Do I need a child support enforcement attorney?
You can file enforcement motions yourself, and the CSS program provides free enforcement services. However, a child support enforcement attorney significantly increases your chances of success. We know the procedural requirements, understand judicial preferences, and can present compelling arguments for aggressive enforcement. We also handle complex situations involving multiple enforcement methods or interstate issues.
What if the noncustodial parent claims they cannot afford payments?
If the noncustodial parent genuinely cannot afford the current support amount, modification may be appropriate. However, courts scrutinize claims of inability to pay carefully. We investigate the noncustodial parent’s actual financial situation, challenge unrealistic claims, and ensure that legitimate hardship is distinguished from deliberate evasion. If modification is warranted, we pursue it while continuing to collect arrearages owed.
How much does it cost to enforce a child support order?
Attorney fees for enforcement vary depending on case complexity and the time required. Many enforcement matters resolve relatively quickly, keeping costs manageable. Additionally, North Carolina law allows courts to order the noncustodial parent to pay your attorney fees as part of the enforcement judgment. We discuss fees transparently during your consultation and work efficiently to minimize costs while maximizing results.
Take Action to Collect Your Child Support
Your children deserve the financial support they are owed. If you are struggling to collect child support in Wilmington or anywhere in North Carolina, contact Marshall & Taylor PLLC today. Our experienced child support enforcement attorneys are ready to pursue aggressive enforcement on your behalf. Reading our client testimonials can help you learn what to expect when working with us.
Call (919) 833-1040 to schedule your consultation. Our attorneys serve families throughout North Carolina from our Wilmington office. Let our team help you secure the support your children deserve.
Related Posts
- How to Modify a Child Support Order in North Carolina
- How to Enforce a Child Support Order in North Carolina
- What Does Child Support Cover
- Understanding Child Support for Special Needs Children
- What Happens if I Don’t Pay Child Support in North Carolina
Disclaimer: This information is for educational purposes and does not constitute legal advice. Every child support case is unique. Consult with an attorney for advice specific to your situation.