Feb42026
Family Law Q&A Series

Can child support be enforced if the other parent is self-employed or paid in cash? – North Carolina

Short Answer

Yes. In North Carolina, child support can still be enforced even when the paying parent is self-employed or claims to be paid in cash. If regular wage withholding is not practical, the court and Child Support Enforcement can use other tools, including orders to produce income records, contempt proceedings, and license-related sanctions. When income is hard to verify, the court can also set support based on earning capacity rather than reported income.

Understanding the Problem

In North Carolina child support cases, the key question is whether a support order can be collected when the paying parent does not receive a traditional paycheck, works for cash, or runs a business. The usual enforcement method is taking support directly from wages, but self-employment and cash pay can make that harder to implement. The issue becomes what the court and the child support system can require the paying parent to disclose and what enforcement options exist when income is hidden, irregular, or difficult to document.

Apply the Law

North Carolina law allows enforcement of child support through income withholding, court-ordered disclosure of income information, and contempt when a parent willfully fails to pay. When income withholding cannot be implemented because the payor or income source cannot be identified, the case can move into other enforcement measures, including a show-cause process requiring the paying parent to appear in court with records showing employment and income sources. In cases where a parent is underreporting income or manipulating self-employment earnings, courts may base support on earning capacity (sometimes called “imputed income”) rather than the number the parent claims.

Key Requirements

  • A valid child support order: Enforcement generally starts with an existing order that sets the amount and payment method.
  • Proof of nonpayment (arrears): A payment history from the clerk or the State Child Support Collection and Disbursement Unit is commonly used to show what is owed and what has (not) been paid.
  • A way to address income that is hard to trace: The court can require the paying parent to bring records showing employment, payors, and sources of disposable income, and the court can set support based on earning capacity if reported income is not reliable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue is enforcement of child support where the other parent is self-employed or paid in cash. North Carolina enforcement does not depend on a traditional payroll job; it depends on having an enforceable order and showing nonpayment. If the paying parent’s income is unclear, the court can require production of records and can evaluate whether the parent is hiding or suppressing income, including by setting support based on earning capacity rather than claimed cash income.

Process & Timing

  1. Who files: The parent owed support (or the local Child Support Enforcement agency in an IV-D case). Where: North Carolina District Court in the county where the child support case is pending; filings are typically handled through the Clerk of Superior Court for the case record. What: A request for enforcement (commonly a motion/affidavit leading to an order to show cause) seeking income withholding and/or contempt, and requesting that the obligor be ordered to bring business and income records. When: Often after support becomes delinquent; North Carolina law allows the show-cause process when there is a delinquency and requires the obligor to appear with income-source information. See N.C. Gen. Stat. § 50-13.9.
  2. Information-gathering step: The case typically focuses on identifying real income sources (customers, contracts, bank deposits, payment apps, invoices, 1099s, business ledgers) and testing whether reported income matches lifestyle and spending. If the paying parent does not bring ordered records, that can create additional enforcement leverage because the court can treat failure to produce required information as a serious compliance issue.
  3. Enforcement outcome: Depending on what the evidence shows, the court may (a) implement income withholding against a known payor, (b) enter a purge-based civil contempt order if nonpayment is found to be willful and the parent has the ability to comply, and/or (c) impose certain license-related sanctions in qualifying cases. See N.C. Gen. Stat. § 110-142.2.

Exceptions & Pitfalls

  • “Self-employed” does not equal “no income,” but proof matters: Cash pay and business income often require building the case with documents and third-party records, not just testimony.
  • Contempt requires willfulness and ability to comply: If the paying parent truly lacks the ability to pay, contempt may not be the right tool; the case may need a different enforcement approach or updated financial findings.
  • Hidden income can shift the analysis: If evidence suggests income is being intentionally suppressed (for example, running expenses through a business or refusing to provide records), the court may rely on earning capacity rather than claimed income when setting or enforcing support.
  • Payment tracking problems: Cash payments made outside the official system often lead to disputes. Using the official payment channel helps create a clean record. For related guidance, see document and prove the child support payments.

Conclusion

North Carolina can enforce child support even when the paying parent is self-employed or paid in cash. The court can require the parent to appear and bring records showing employment and income sources, can implement income withholding when a payor is identified, and can use contempt and certain license-related sanctions when nonpayment is willful. The practical next step is to file an enforcement request in District Court (often through a show-cause process) and seek an order requiring production of business and income records.

Talk to a Family Law Attorney

If a child support order is not being paid because the other parent is self-employed or claims to be paid in cash, our firm has experienced attorneys who can help explain enforcement options, evidence to gather, and timelines in North Carolina. 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.