2005 North Carolina Code - General Statutes Article 6 - Enforcement and Modification of Support Order After Registration.

 

Article 6.

Enforcement and Modification of Support Order After Registration.

Part 1.� Registration and Enforcement of Support Order.

§ 52C‑6‑601.� Registration of order for enforcement.

A support order or an income‑withholding order issued by a tribunal of another state may be registered in this State for enforcement. (1995, c. 538, s. 7(c); 1997‑433, s. 10.9; 1998‑17, s. 1.)

 

§ 52C‑6‑602.� Procedure to register order for enforcement.

(a)������ A support order or income‑withholding order of another state may be registered in this State by sending the following documents and information to the tribunal for the county in which the obligor resides in this State:

(1)������ A letter of transmittal to the tribunal requesting registration and enforcement;

(2)������ Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(3)������ A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4)������ The name of the obligor and, if known:

a.�������� The obligor's address and social security number;

b.�������� The name and address of the obligor's employer and another other source of income of the obligor; and

c.�������� A description and the location of property of the obligor in this State not exempt from execution; and

(5)������ The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(b)������ On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign order, together with one copy of the documents and information, regardless of their form.

(c)������ A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (1995, c. 538, s. 7(c); 1997‑456, s. 27.)

 

§ 52C‑6‑603.� Effect of registration for enforcement.

(a)������ A support order or income‑withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.

(b)������ A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

(c)������ Except as otherwise provided in this Article, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. (1995, c. 538, s. 7(c).)

 

§ 52C‑6‑604.� Choice of law.

(a)������ The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrears under the order.

(b)������ In a proceeding for arrears, the statute of limitations under the laws of this State or of the issuing state, whichever is longer, applies. (1995, c. 538, s. 7(c).)

 

Part 2.� Contest of Validity of Enforcement.

§ 52C‑6‑605.� Notice of registration of order.

(a)������ When a support order or income‑withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b)������ The notice must inform the nonregistering party:

(1)������ That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;

(2)������ That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice;

(3)������ That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrears and precludes further contest of that order with respect to any matter that could have been asserted; and

(4)������ Of the amount of any alleged arrears.

(c)������ Upon registration of an income‑withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income‑withholding provisions of Chapter 50 or Chapter 110 of the General Statutes, as applicable. (1995, c. 538, s. 7(c); 1997‑433, s. 10.10; 1998‑17, s. 1.)

 

§ 52C‑6‑606.� Procedure to contest validity or enforcement of registered order.

(a)������ A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrears pursuant to G.S. 52C‑6‑607.

(b)������ If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

(c)������ If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. (1995, c. 538, s. 7(c); 1997‑433, s. 10.11; 1998‑17, s. 1.)

 

§ 52C‑6‑607.� Contest of registration or enforcement.

(a)������ A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1)������ The issuing tribunal lacked personal jurisdiction over the contesting party;

(2)������ The order was obtained by fraud;

(3)������ The order has been vacated, suspended, or modified by a later order;

(4)������ The issuing tribunal has stayed the order pending appeal;

(5)������ There is a defense under the law of this State to the remedy sought;

(6)������ Full or partial payment has been made; or

(7)������ The statute of limitations under G.S. 52C‑6‑604 precludes enforcement of some or all of the arrears.

(b)������ If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this State.

(c)������ If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. (1995, c. 538, s. 7(c).)

 

§ 52C-6-608.� Confirmed order.

Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (1995, c. 538, s. 7(c).)

 

Part. 3.� Registration and Modification of Child Support Order.

§ 52C‑6‑609. Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this State in the same manner provided in Part 1 of this Article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. (1995, c. 538, s. 7(c).)

 

§ 52C‑6‑610.� Effect of registration for modification.

A tribunal of this State may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of G.S. 52C‑6‑611 have been met. (1995, c. 538, s. 7(c).)

 

§ 52C‑6‑611.� Modification of child support order of another state.

(a)������ After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order only if G.S. 52C‑6‑613 does not apply and after notice and hearing it finds that:

(1)������ The following requirements are met:

a.�������� The child, the individual obligee, and the obligor do not reside in the issuing state;

b.�������� A petitioner who is a nonresident of this State seeks modification; and

c.�������� The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2)������ The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed a written consent in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this State is not required for the tribunal to assume jurisdiction to modify the child support order.

(b)������ Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner.

(c)������ A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under G.S. 52C‑2‑207 establishes the aspects of the support order which are nonmodifiable.

(d)������ On issuance of an order modifying a child support order issued in another state, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.

(e)������ Repealed by Session Laws 1997‑443, s. 10.12. (1995, c. 538, s. 7(c); 1997‑433, s. 10.12; 1997‑456, s. 27; 1998‑17, s. 1.)

 

§ 52C‑6‑612.� Recognition of order modified in another state.

A tribunal of this State shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this Chapter and, upon request, except as otherwise provided in this Chapter, shall:

(1)������ Enforce the order that was modified only as to amounts accruing before the modification;

(2)������ Enforce only nonmodifiable aspects of that order;

(3)������ Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

(4)������ Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. (1995, c. 538, s. 7(c).)

 

§ 52C‑6‑613.� Jurisdiction to modify child support order of another state when individual parties reside in this State.

(a)������ If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b)������ A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2 of this Chapter, this Article, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 of this Chapter do not apply. (1997‑433, s. 10.13; 1998‑17, s. 1.)

 

§ 52C‑6‑614.� Notice to issuing tribunal of modification.

Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. (1997‑433, s. 10.13; 1998‑17, s. 1.)