Can I Pursue Past Due Child Support Payments through Wage Garnishment in North Carolina?

At the David W. Martin Law Group, our Charlotte family law 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 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 is required to pay child support.
  • Contact information for the non-custodial parent’s employer and the amount of disposable income he or she receives.
  • 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. If the individual owes past due child support for multiple children, the withheld amount may increase.

Once the court order to garnish wages for child support goes into effect, the employer legally must withhold the set amount of wages and send it to the state, despite the employee’s wishes.

Contact Our Experienced Family Law Attorneys in Charlotte, North Carolina Today

If you are having trouble collecting court-ordered child support in North Carolina, contact our Charlotte child support attorneys at the David W. Martin Law Group at 980-265-9724 today, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.

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