What statutes apply to child support?

A number of provisions in Chapter 50 of the North Carolina General Statutes govern child support.

These statutes, and a few others, designate who may bring an action for child support; who can be held responsible for its payment; and how soon a child support case should be heard. A child support action may be filed as a separate civil action in North Carolina, or it may be joined with an action for annulment, absolute divorce, divorce from bed and board, or alimony without divorce.

As you may have also learned, the issue of child support may be settled by private agreement, thus avoiding the necessity of going to court unless one party needs the assistance of the court in enforcing such an agreement. An action for child support (either an initial declaration or modification) must be brought in either the county where the parent or the child resides or in the county where the child is physically present.

Child support may take various forms including cash payments and property transfers. The most common method of child support payment, of course, is cash payment in monthly, or sometimes weekly, installments.

Child support is paid to the custodial parent by the non-custodial parent or to “any other proper person, agency, organization or institution, or to he court for the benefit of the child.” Either the party having custody or, upon motion and under a court order, the clerk of court may receive the payments. If the court clerk receives the payments, they are then forwarded to the intended recipient.

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