Durham, NC asked in Child Support for North Carolina

Q: What can I do to enforce a Child Support Court Order to the non-custodial parent who has not paid this year?

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2 Lawyer Answers

A: Court orders are enforced by filing a motion for contempt of court in the jurisdiction

A: Sorry, I hit send too soon. Court orders are enforced by filing a motion in the district where the orderwas entered asking the court to find the other party in contempt of court. You have to show that the order is valid and still in effect, that the other party had the ability to comply with the order but willfully refused to do so, and the purpose of the order can still be accomplished by the other party doing what they were ordered to do. The motion has to be served on the other party. Being successful will depend on whether you can locate the other party to serve them, if the payor has an income, and if the order is clearly written. A family attorney can guide you through the process. If you can't afford an attorney, you can hire child support enforcement in your county. Check out http://www.ncchildsupport.com/parents.jsp

Child support enforcement does an excellent job if the case is not complicated, but the agency has lots of cases, so an attorney who is representing just you is the better choice if your case has any unusual facts.

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