North Carolina General Statutes 52C-3-307. Duties of support enforcement agency
(a) In a proceeding under this Chapter, a support enforcement agency of this State, upon request, shall provide the following:
(1) Services to a petitioner residing in a state.
Terms Used In North Carolina General Statutes 52C-3-307
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See North Carolina General Statutes 52C-1-101
- Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See North Carolina General Statutes 52C-1-101
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
- Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. See North Carolina General Statutes 52C-1-101
- Income-withholding order: means an order or other legal process directed to an obligor's employer, other debtor, or payor as defined under Chapter 110 of the N. See North Carolina General Statutes 52C-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See North Carolina General Statutes 52C-1-101
- Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See North Carolina General Statutes 52C-1-101
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See North Carolina General Statutes 52C-1-101
- Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or a foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See North Carolina General Statutes 52C-1-101
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See North Carolina General Statutes 52C-1-101
(2) Services to a petitioner requesting services through a central authority of a foreign country as described in N.C. Gen. Stat. § 52C-1-102(3a)a. or d [N.C. Gen. Stat. § 52C-1-101(3a)a. or d.].
A support enforcement agency of this State may provide services to a petitioner who is an individual not residing in a state.
(b) A support enforcement agency of this State that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(b1) A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts to:
(1) Ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(b2) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(b3) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to N.C. Gen. Stat. § 52C-3-318.
(c) This Chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. (1995, c. 538, s. 7(c); 1997-433, s. 10.7; 1998-17, s. 1; 2015-117, s. 1.)