Feb42026
Family Law Q&A Series

What happens if the other parent is not paying court-ordered child support? – North Carolina

Short Answer

In North Carolina, missed court-ordered child support can be enforced through the court and, in many cases, through the child support enforcement agency. Common outcomes include an order to show cause, income withholding from wages, and contempt proceedings that can include “purge” conditions (steps the court orders to get back into compliance). If the court finds willful nonpayment and an ability to pay, the court can also impose sanctions such as license revocation.

Understanding the Problem

When a North Carolina child support order exists and the paying parent does not make the required payments, the legal question is what enforcement tools can be used to make the order work. The key decision point is whether the missed payments are treated as a delinquency under the order and whether the nonpayment is willful (as opposed to caused by a genuine inability to pay). Enforcement typically happens in District Court and may also involve the county child support enforcement office, depending on how the case is set up.

Apply the Law

North Carolina law provides multiple ways to enforce a child support order. The court can require payments to be processed through the State Child Support Collection and Disbursement Unit, can order income withholding when the obligor is delinquent by at least one month, and can use contempt powers when a parent disobeys a support order. If the court finds willful delinquency, it can also revoke certain licensing privileges, and in some situations the child support enforcement agency can pursue additional administrative enforcement steps.

Key Requirements

  • A valid, existing child support order: Enforcement generally requires a current court order that sets the amount and due date(s) of support.
  • Proof of delinquency (missed payments): The court (and/or enforcement agency) needs a reliable payment history showing what was due and what was paid.
  • For contempt-based enforcement, willfulness and ability to comply: Civil contempt is designed to force compliance, so the court focuses on whether the nonpayment was willful and whether the parent can pay now (or can take reasonable steps to pay).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue is a child support order that is not being paid. The first step is confirming the order terms and documenting the delinquency (what was due versus what was received). If enforcement proceeds through contempt, the court’s focus will be whether the nonpayment was willful and whether the paying parent has the present ability to comply (including paying something toward arrears under a court-ordered plan). If the delinquency meets statutory triggers, the court can also order wage withholding and may consider license sanctions.

Process & Timing

  1. Who files: The parent owed support (and in some cases the county child support enforcement agency). Where: North Carolina District Court in the county where the child support case is pending; filings typically go through the Clerk of Superior Court for that county. What: Common filings include a motion and/or request for an order to show cause for contempt and/or income withholding, supported by a sworn statement of the delinquency. When: Income withholding and show-cause procedures can be triggered when the obligor is delinquent in an amount equal to at least one month of support under the order.
  2. Hearing and evidence: The court reviews the payment record and may require the paying parent to bring employment and income information. In contempt-focused hearings, the court evaluates willfulness and ability to pay, and if civil contempt is found, the court must set clear purge conditions (specific steps to get back into compliance).
  3. Enforcement order: Depending on the findings, the court may enter an income withholding order, set a payment plan toward arrears, award other enforcement relief allowed by law, and in appropriate cases impose sanctions such as license revocation (often with a stay if the parent follows a plan and stays current).

Exceptions & Pitfalls

  • “Can’t pay” versus “won’t pay”: Contempt remedies generally depend on willful nonpayment and a present ability to comply. If the paying parent truly cannot pay, the court may deny contempt but can still use other collection tools (like wage withholding when available).
  • Payment proof problems: Disputes often arise when payments were made outside the official payment channel or in cash. Clean records through the State Child Support Collection and Disbursement Unit can reduce arguments about whether payments were actually made.
  • Enforcing without updating addresses/employment: If the paying parent changes jobs or moves, wage withholding and service of court papers can be delayed. Keeping current contact and employer information in the case file helps enforcement move faster.
  • Mixing up enforcement and modification: Enforcement addresses past-due amounts under the existing order. A change in income usually requires a separate request to modify; it does not erase arrears that already accrued under the prior order.

Conclusion

When the other parent does not pay court-ordered child support in North Carolina, the court can enforce the order through tools like an order to show cause, income withholding once delinquency reaches about one month of support, and contempt proceedings when the nonpayment is willful and the parent has the ability to comply. The most practical next step is to file a motion requesting enforcement (often a show-cause/contempt and/or income withholding request) in the District Court where the child support case is pending.

Talk to a Family Law Attorney

If you’re dealing with missed court-ordered child support, our firm has experienced attorneys who can help explain enforcement options, prepare the right filings, 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.