North Carolina General Statutes 52C-6-602. Procedure to register order for enforcement
(a) Except as otherwise provided in N.C. Gen. Stat. § 52C-7-706, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records to the appropriate tribunal in this State:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
Terms Used In North Carolina General Statutes 52C-6-602
- 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 support order: means a support order of a foreign tribunal. See North Carolina General Statutes 52C-1-101
- 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
- Law: includes decisional and statutory law and rules and regulations having the force of law. See North Carolina General Statutes 52C-1-101
- Obligee: means :
- Obligor: means an individual who, or the estate of a decedent that:
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See North Carolina General Statutes 52C-1-101
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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 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) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) A sworn statement by the person requesting 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 any 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) Except as otherwise provided in N.C. Gen. Stat. § 52C-3-311, the name and address of the obligee and, if applicable, the 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 an order of another state or a foreign support 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.
(d) If two or more orders are in effect, the person requesting registration shall do each of the following:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section.
(2) Specify the order alleged to be the controlling order, if any.
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. (1995, c. 538, s. 7(c); 1997-456, s. 27; 2015-117, s. 1.)