When Is Wage Withholding Required for Child Support?
Child support enforcement in North Carolina often raises questions about wage withholding and when it is required, and whether the courts can allow alternative payment methods instead. As you will see in Price v. New Hanover County Child Support o/b/o Murray-Price, the North Carolina Court of Appeals has addressed these common questions directly.
By the time you finish reading this post, you will fully understand the mandatory nature of income withholding in Title IV-D cases, which is essential not only for parents but also for legal practitioners and trial courts involved in this type of child support matter.
What Is a Title IV-D Child Support Case?
A Title IV-D child support case is a support action involving a county child support agency operating under a federal-state enforcement program. Specifically, in North Carolina, Child Support Services (CSS) typically manages IV-D cases. CSS helps establish paternity, finds noncustodial parents, enforces child support orders, collects payments, and more.
While CSS has many ways to enforce court decisions, income withholding is one of the most widely used and effective methods to collect child support, as it ensures consistent payments.
Specifically, IV-D cases are governed by statutory requirements designed to promote regular payments. The state itself is involved, and the law favors income withholding for its efficiency and minimal administrative burden. That makes IV-D cases different from private child support cases, as Price v. New Hanover County shows.
Trial Court’s Decision on Wage Withholding
The trial court in Price v. New Hanover County Child Support did enter a child support order but declined to order immediate wage withholding. The central reason is that the obligor parent had a history of regularly making direct payments, with no chronic noncompliance. Based on those facts, the court decided that income withholding would not be necessary.
Why the Trial Court Declined Income Withholding
The central reason the trial court declined immediate wage withholding was equitable considerations. The obligor had a consistent payment history, and there was both direct and indirect financial support. In other words, there was no reason to believe that the obligor parent would stop meeting their child support obligations in the future.
That type of reasoning is very common, but only in private child support cases. When it comes to IV-D cases, the story is different.
Court of Appeals Ruling: Wage Withholding Is Mandatory
An appeal followed, and the North Carolina Court of Appeals reversed the decision. The central reason was that wage withholding is mandatory in Title IV-D cases when a new/modified child support order is entered. And that is always the case, regardless of prior compliance or financial evidence that showcases future reliability.
The legal basis for this decision lies in N.C. Gen. Stat. § 110-136.3 and related provisions that clearly require mandatory and immediate income withholding in IV-D cases.
Due to this, the trial court made an obvious mistake, a textbook and straightforward statutory conflict, treating a IV-D case as a private child support case. In these cases, prior behavior, compliance, and financial capabilities are insignificant, as the court is obligated to require immediate wage withholding.
Conclusion and Practical Implication
Price v. New Hanover County Child Support is a clear reminder that wage withholding is mandatory in any Title IV-D case, regardless of prior history. The N.C. The Court of Appeals has clarified expectations for future child support orders, simultaneously strengthening uniform enforcement across the entire state.
This case is a reminder not only to trial courts but also to practitioners and parents involved in child support cases to consider their options. That is why it is essential to consult legal professionals whenever possible, especially for delicate matters such as family law and child support.
Contact Woodruff Family Law Group today to schedule a consultation. We offer clear advice that will help you understand your current position from a legal perspective, as well as what you can expect in a child support case or any other family law-related issue you are facing.
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