Can I Pursue Past Due Child Support Payments through Wage Garnishment in North Carolina?
At Daly Mills Family Law, our Lake Norman child support attorneys represent clients throughout North Carolina in cases involving one parent’s financial obligations to the other, so the children’s best interests are put first.
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 our state. Here is how the process works.
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 custodial 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 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 Lake Norman Child Support Attorneys Today for a Consultation
At Daly Mills Family Law, our Lake Norman child support attorneys focus on each of our client’s unique legal needs, and that begins by keeping our caseloads small. Each time you contact our office, you will have access to attorneys and support staff who can answer your questions, allay your fears, and develop practical legal solutions that make sense.