North Carolina Statutes

Chapter 52C Uniform Interstate Family Support Act

Article 1 - General Provisions.

  • § 52C-1-100   Short title
    This Chapter may be cited as the Uniform Interstate Family Support Act. (1995, c. 538, s. 7(c).)
  • § 52C-1-101   Definitions
    As used in this Article, unless the context clearly requires otherwise, the term: (1) "Child" means an individual, whether over or under the age of...
  • § 52C-1-102   District court has jurisdiction under this Act
    The General Court of Justice, District Court Division is the court authorized to hear matters under this Act. (1995, c. 538, s. 7(c).)
  • § 52C-1-103   Remedies
    Remedies provided by this Act are cumulative and do not affect the availability of remedies under other law. (1995, c. 538, s. 7(c).)

Article 2 - Jurisdiction.

Article 3 - Civil Provisions of General Application.

  • § 52C-3-301   Proceedings under this Chapter
    (a) Except as otherwise provided in this Chapter, this Article applies to all proceedings under this Chapter. (b) This Chapter provides for the following proceedings:...
  • § 52C-3-302   Action by minor parent
    A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit...
  • § 52C-3-303   Application of law of this State
    Except as otherwise provided by this Chapter, a responding tribunal of this State: (1) Shall apply the procedural and substantive law, including the rules on...
  • § 52C-3-304   Duties of initiating tribunal
    (a) Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this State shall forward three copies of the petition and...
  • § 52C-3-305   Duties and powers of responding tribunal
    (a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to G.S. 52C‑3‑301(c) it...
  • § 52C-3-306   Inappropriate tribunal
    If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to an...
  • § 52C-3-307   Duties of support enforcement agency
    (a) A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this Chapter. (b) A support...
  • § 52C-3-308   Representation of obligee
    It shall be the duty of the district attorney to represent the obligee in proceedings authorized by this Chapter unless alternative arrangements are made by...
  • § 52C-3-309   Duties of State information agency
    (a) The Department of Health and Human Services, Division of Social Services, is designated as the State information agency under this Chapter. (b) The State...
  • § 52C-3-310   Pleadings and accompanying documents
    (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this Chapter must verify the petition....
  • § 52C-3-311   Nondisclosure of information in exceptional circumstances
    Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at...
  • § 52C-3-312   Costs and fees
    (a) The petitioner shall not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess...
  • § 52C-3-313   Limited immunity of petitioner
    (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support...
  • § 52C-3-314   Nonparentage as defense
    A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a...
  • § 52C-3-315   Special rules of evidence and procedure
    (a) The physical presence of the petitioner in a responding tribunal of this State is not required for the establishment, enforcement, or modification of a...
  • § 52C-3-316   Communications between tribunals
    A tribunal of this State may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning...
  • § 52C-3-317   Assistance with discovery
    A tribunal of this State may request a tribunal of another state to assist in obtaining discovery, and upon request, may compel a person over...
  • § 52C-3-318   Receipt and disbursement of payments
    A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order....

Article 4 - Establishment of Support Order.

  • § 52C-4-401   Petition to establish support order
    (a) If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this State may issue a support...

Article 5 - Enforcement of Order of Another State Without Registration.

  • § 52C-5-501   Employer's receipt of income-withholding order of another state
    (a) An income‑withholding order issued in another state may be sent to the person or entity defined or identified as the obligor's employer under the...
  • § 52C-5-502   Employer's compliance with income-withholding order of another state
    (a) Upon receipt of an income‑withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall...
  • § 52C-5-503   Compliance with multiple income-withholding orders
    If an obligor's employer receives multiple income‑withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple...
  • § 52C-5-504   Immunity from civil liability
    An employer who complies with an income‑withholding order issued in another state in accordance with this Article is not subject to civil liability to an...
  • § 52C-5-505   Penalties for noncompliance
    An employer who willfully fails to comply with an income‑withholding order issued by another state and received for enforcement is subject to the same penalties...
  • § 52C-5-506   Contest by obligor
    (a) An obligor may contest the validity or enforcement of an income‑withholding order issued in another state and received directly by an employer in this...
  • § 52C-5-507   Administrative enforcement of orders
    (a) A party seeking to enforce a support order or an income‑withholding order, or both, issued by a tribunal of another state may send the...

Article 6 - Enforcement and Modification of Support Order After Registration.

Article 7 - Determination of Parentage.

  • § 52C-7-701   Proceeding to determine parentage
    (a) A tribunal of this State may serve as an initiating or responding tribunal in a proceeding brought under this Chapter or a law substantially...

Article 8 - Interstate Rendition.

  • § 52C-8-801   Grounds for rendition
    (a) For purposes of this Article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this...
  • § 52C-8-802   Conditions of rendition
    (a) Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the...

Article 9 - Miscellaneous Provisions.

  • § 52C-9-901   Uniformity of application and construction
    This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter...
  • § 52C-9-902   Severability clause
    If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...