North Carolina General Statutes Chapter 52C Uniform Interstate Family Support Act

Article 1 - General Provisions.

  • N.C. Gen. Stat. § 52C-1-100.   Short title
    This Chapter may be cited as the Uniform Interstate Family Support Act. (1995, c. 538, s. 7(c).)
  • N.C. Gen. Stat. § 52C-1-101.   Definitions
    As used in this Article, unless the context clearly requires otherwise, the term: (1) "Child" means an individual, whether over or under the age...
  • N.C. Gen. Stat. § 52C-1-102.   District court has jurisdiction under this Act
    The General Court of Justice, District Court Division is the court authorized to hear matters under this Act. (1995, c. 538, s. 7(c).)
  • N.C. Gen. Stat. § 52C-1-103.   Remedies
    Remedies provided by this Act are cumulative and do not affect the availability of remedies under other law. (1995, c. 538, s. 7(c).)

Article 2 - Jurisdiction.

  • N.C. Gen. Stat. § 52C-2-201.   Bases for jurisdiction over nonresident
    In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction...
  • N.C. Gen. Stat. § 52C-2-202.   Procedure when exercising jurisdiction over nonresident
    A court of this State exercising personal jurisdiction over a nonresident under G.S. 52C-2-201 may apply G.S. 52C-3-315 to receive evidence from another state,...
  • N.C. Gen. Stat. § 52C-2-203.   Initiating and responding tribunal of state
    Under this Chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to another state and as a responding...
  • N.C. Gen. Stat. § 52C-2-204.   Simultaneous proceedings in another state
    (a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a...
  • N.C. Gen. Stat. § 52C-2-205.   Continuing, exclusive jurisdiction
    (a) A tribunal of this State issuing a support order consistent with the law of this State has continuing, exclusive jurisdiction over a child...
  • N.C. Gen. Stat. § 52C-2-206.   Enforcement and modification of support order by tribunal having continuing jurisdiction
    (a) A tribunal of this State may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a...
  • N.C. Gen. Stat. § 52C-2-207.   Recognition of controlling child support order
    GS_52C-2-207 Part 3. Reconciliation of Multiple Orders. 52C-2-207. Recognition of controlling child support order. (a) If a proceeding is brought under this Chapter and...
  • N.C. Gen. Stat. § 52C-2-208.   Multiple child support orders for two or more obligees
    In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard...
  • N.C. Gen. Stat. § 52C-2-209.   Credit for payments
    Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against...

Article 3 - Civil Provisions of General Application.

  • N.C. Gen. Stat. § 52C-3-301.   Proceedings under this Chapter
    (a) Except as otherwise provided in this Chapter, this Article applies to all proceedings under this Chapter. (b) This Chapter provides for the following...
  • N.C. Gen. Stat. § 52C-3-302.   Action by minor parent
    A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the...
  • N.C. Gen. Stat. § 52C-3-303.   Application of law of this State
    Except as otherwise provided by this Chapter, a responding tribunal of this State: (1) Shall apply the procedural and substantive law, including the rules...
  • N.C. Gen. Stat. § 52C-3-304.   Duties of initiating tribunal
    (a) Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this State shall forward three copies of the petition...
  • N.C. Gen. Stat. § 52C-3-305.   Duties and powers of responding tribunal
    (a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to G.S. 52C-3-301(c)...
  • N.C. Gen. Stat. § 52C-3-306.   Inappropriate tribunal
    If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to...
  • N.C. Gen. Stat. § 52C-3-307.   Duties of support enforcement agency
    (a) A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this Chapter. (b) A...
  • N.C. Gen. Stat. § 52C-3-308.   Representation of obligee
    It shall be the duty of the district attorney to represent the obligee in proceedings authorized by this Chapter unless alternative arrangements are made...
  • N.C. Gen. Stat. § 52C-3-309.   Duties of State information agency
    (a) The Department of Health and Human Services, Division of Social Services, is designated as the State information agency under this Chapter. (b) The...
  • N.C. Gen. Stat. § 52C-3-310.   Pleadings and accompanying documents
    (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this Chapter must verify the...
  • N.C. Gen. Stat. § 52C-3-311.   Nondisclosure of information in exceptional circumstances
    Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put...
  • N.C. Gen. Stat. § 52C-3-312.   Costs and fees
    (a) The petitioner shall not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may...
  • N.C. Gen. Stat. § 52C-3-313.   Limited immunity of petitioner
    (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the...
  • N.C. Gen. Stat. § 52C-3-314.   Nonparentage as defense
    A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to...
  • N.C. Gen. Stat. § 52C-3-315.   Special rules of evidence and procedure
    (a) The physical presence of the petitioner in a responding tribunal of this State is not required for the establishment, enforcement, or modification of...
  • N.C. Gen. Stat. § 52C-3-316.   Communications between tribunals
    A tribunal of this State may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information...
  • N.C. Gen. Stat. § 52C-3-317.   Assistance with discovery
    A tribunal of this State may request a tribunal of another state to assist in obtaining discovery, and upon request, may compel a person...
  • N.C. Gen. Stat. § 52C-3-318.   Receipt and disbursement of payments
    A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the...

Article 4 - Establishment of Support Order.

  • N.C. Gen. Stat. § 52C-4-401.   Petition to establish support order
    (a) If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this State may issue a...

Article 5 - Enforcement of Order of Another State Without Registration.

  • N.C. Gen. Stat. § 52C-5-501.   Employer's receipt of income-withholding order of another state
    (a) An income-withholding order issued in another state may be sent to the person or entity defined or identified as the obligor's employer under...
  • N.C. Gen. Stat. § 52C-5-502.   Employer's compliance with income-withholding order of another state
    (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer...
  • N.C. Gen. Stat. § 52C-5-503.   Compliance with multiple income-withholding orders
    If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the...
  • N.C. Gen. Stat. § 52C-5-504.   Immunity from civil liability
    An employer who complies with an income-withholding order issued in another state in accordance with this Article is not subject to civil liability to...
  • N.C. Gen. Stat. § 52C-5-505.   Penalties for noncompliance
    An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same...
  • N.C. Gen. Stat. § 52C-5-506.   Contest by obligor
    (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in...
  • N.C. Gen. Stat. § 52C-5-507.   Administrative enforcement of orders
    (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send...

Article 6 - Enforcement and Modification of Support Order After Registration.

  • N.C. Gen. Stat. § 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....
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...
  • N.C. Gen. Stat. § 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...

Article 7 - Determination of Parentage.

  • N.C. Gen. Stat. § 52C-7-701.   Proceeding to determine parentage
    (a) A tribunal of this State may serve as an initiating or responding tribunal in a proceeding brought under this Chapter or a law...

Article 8 - Interstate Rendition.

  • N.C. Gen. Stat. § 52C-8-801.   Grounds for rendition
    (a) For purposes of this Article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by...
  • N.C. Gen. Stat. § 52C-8-802.   Conditions of rendition
    (a) Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for...

Article 9 - Miscellaneous Provisions.

  • N.C. Gen. Stat. § 52C-9-901.   Uniformity of application and construction
    This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this...
  • N.C. Gen. Stat. § 52C-9-902.   Severability clause
    If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions...

Last modified: March 23, 2014