Feb32026
Family Law Q&A Series

What happens if the other parent claims they already paid the child support I’m missing? – North Carolina

Short Answer

In North Carolina, a claim that child support was “already paid” does not automatically erase an arrears balance. The court (and often the Clerk of Superior Court or the State Child Support Collection and Disbursement Unit) will look for reliable proof of payment, such as official payment records, wage withholding records, or clear receipts. If the paying parent cannot prove the payments, the court can still treat the amount as unpaid and enforce the order.

Understanding the Problem

In a North Carolina child support case, can the paying parent avoid an arrears claim by saying the missing support was already paid? The decision point is whether the alleged payments can be verified in a way the court will accept, especially when the support order requires payments through the State Child Support Collection and Disbursement Unit or another official channel. This issue often comes up when one parent believes payments were missed for a period of time and wants to raise the missing payments in an ongoing family court matter.

Apply the Law

North Carolina child support is enforced through the court system, and payment history matters. When a dispute arises about whether support was paid, the court typically relies on official records (when payments run through the State Child Support Collection and Disbursement Unit) and other competent proof (like employer withholding documentation or traceable payment receipts). If enforcement is pursued through a show-cause process, the court can require the paying parent to bring records about income and payments to the hearing, and the court can use enforcement tools such as income withholding and contempt when the evidence supports it.

Key Requirements

  • A valid support order and a specific time period: The dispute must tie to an existing order and identify which months are allegedly unpaid.
  • Proof of payment (not just a statement): The paying parent generally needs documentation showing the amount and date of each payment and where it went.
  • Reliable payment records control when available: When payments are routed through the State Child Support Collection and Disbursement Unit (or tracked in the court file), those records are commonly treated as the baseline for what was paid and what is still owed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue is missing payments during a certain period that needs to be addressed in an ongoing North Carolina matter. If the other parent claims the support was already paid, the next step is to compare that claim to the official payment history (if payments were supposed to go through the State Child Support Collection and Disbursement Unit) and to any documentation the paying parent can produce. If the records do not show the payments and the paying parent cannot back up the claim with reliable proof, the court can still treat the amount as arrears and move forward with enforcement.

Process & Timing

  1. Who files: Typically the parent owed support (or the child support enforcement agency in a IV-D case). Where: District Court in the county where the child support case is pending, with records maintained through the Clerk of Superior Court; many payments are tracked through the State Child Support Collection and Disbursement Unit. What: A motion to enforce/support arrears and, when appropriate, a request for an order to show cause (often used for contempt or income withholding issues). When: As soon as missing payments are identified, because delays can make documentation harder to gather and disputes harder to prove.
  2. Evidence step: The parties gather payment proof. Common examples include the official payment history, employer wage withholding records, bank statements showing cleared payments, money order receipts, or written acknowledgments tied to specific dates and amounts.
  3. Hearing and outcome: The court determines whether arrears exist and, if so, what enforcement remedy applies. Depending on the posture of the case, the court can address income withholding and can consider contempt remedies if the legal requirements are met.

Exceptions & Pitfalls

  • “Direct payments” can create disputes: When a support order requires payment through the official collection unit, paying the other parent directly (cash, peer-to-peer apps, or informal transfers) can be hard to prove later and may not show up in the official record without clear documentation.
  • Unclear proof: Screenshots without identifying details, cash payments without receipts, or payments labeled for something other than “child support” often lead to fights about whether a payment should count toward support.
  • Contempt is not automatic: Even when arrears exist, contempt generally turns on whether the failure to pay was willful and whether the paying parent had the ability to comply. Evidence about income, employment, and payment history matters.

Conclusion

In North Carolina, a parent’s claim that missing child support was “already paid” usually rises or falls on proof. The court will compare the claim to official payment records and other reliable documentation to decide whether arrears still exist and what enforcement steps apply. The practical next step is to obtain the official payment history and file an enforcement request in the existing case so the court can determine what is owed and enter appropriate orders.

Talk to a Family Law Attorney

If you’re dealing with missing child support payments and the other parent says they already paid, our firm has experienced attorneys who can help you organize the proof, understand the enforcement process, and track timelines in North Carolina court. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.