Feb42026
Family Law Q&A Series

How can I document and prove the child support payments I didn’t receive? – North Carolina

Short Answer

In North Carolina, the cleanest way to prove missed child support is to match the court order’s due dates and amounts against an official payment history from the Clerk of Superior Court and/or the State Child Support Collection and Disbursement Unit (the state payment processing system). If payments were supposed to go through the state system, those records are typically the most persuasive evidence of what was received and when. For payments made outside the system, proof usually comes from bank records, receipts, written confirmations, and a clear arrears spreadsheet that ties each missed payment to the order.

Understanding the Problem

In a North Carolina child support case, the question is how to document and prove that court-ordered child support was not received for a period of time so the issue can be raised in the ongoing matter. The key decision point is whether the support order required payments to be made through the state’s collection/disbursement system (or tracked by the Clerk of Superior Court) versus being paid directly between the parents. The proof needed depends on where payments were supposed to go and how the order describes the payment method and due date.

Apply the Law

North Carolina child support is enforced based on the written court order: what amount was due, when it was due, and how it was supposed to be paid. To prove missed payments (arrears), the usual approach is to (1) identify the controlling order and payment schedule, and (2) present reliable records showing what was actually received. When payments run through the state system in a child support enforcement (IV-D) case, North Carolina law specifically allows the enforcement agency’s payment records to be used as evidence, and the court can allow a representative to authenticate those records. Child support enforcement issues are typically handled in District Court, with records maintained through the Clerk of Superior Court.

Key Requirements

  • A clear “what was ordered” baseline: The signed child support order (and any later modifications) showing the amount, frequency, due date, and payment method (for example, through the state disbursement unit or by income withholding).
  • Reliable “what was paid” records: An official payment history (when available) and/or third-party documentation such as bank statements, deposit records, or employer pay stubs showing withholding.
  • A month-by-month arrears calculation: A simple ledger that lists each due date, the amount due, the amount received (if any), and the running balance, tied directly to the order’s schedule.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue is adding a missed-payment period into an ongoing North Carolina child support matter. The first step is to identify the controlling child support order and any later changes, then build a due-date schedule from that order. Next, the strongest proof typically comes from an official payment history (Clerk/state disbursement records) showing what was received during the period in question; any gaps can then be summarized in a simple arrears spreadsheet that can be shared with counsel and, if needed, filed with the court.

Process & Timing

  1. Who gathers records: The party claiming missed support (often through counsel). Where: The Clerk of Superior Court file for the case and, if payments were processed through the state system, the State Child Support Collection and Disbursement Unit payment history. What: A copy of the current child support order/modifications plus an official payment history and a month-by-month arrears ledger.
  2. Organize proof by the order’s due dates: Create a table with (a) due date, (b) amount due, (c) amount received, (d) date received, and (e) running balance. Attach supporting documents behind it (official payment history, bank statements, wage withholding stubs, receipts). Keep the format consistent so the court can follow it quickly.
  3. Raise the issue in the ongoing matter: Depending on posture, counsel may address arrears through an enforcement filing (often a motion for civil contempt and/or a request for an order to show cause) or by requesting income withholding if payments have been delinquent or erratic. The District Court judge typically hears enforcement issues, and the Clerk of Superior Court maintains the official court record.

Exceptions & Pitfalls

  • Payments made “outside the system” can be harder to prove: Cash payments and informal arrangements often turn into disputes. When possible, use third-party records (bank deposits, money order receipts, written acknowledgments) and avoid relying only on memory or text messages.
  • Mixing up “owed” versus “received” dates: Support is usually due on a specific schedule. A payment made late may still count, but it should be recorded as received on the actual date received so the ledger stays accurate.
  • Not tying the ledger to the controlling order: If the order was modified, the ledger must switch to the new amount on the effective date. Using the wrong amount is a common reason arrears calculations get challenged.
  • Assuming a direct payment automatically gets credit: If the order required payment through the state system, direct payments may still be argued about later. Documentation matters, and counsel may need to address “credit” issues carefully.
  • Overlooking wage withholding details: If income withholding was in place, pay stubs can show what was withheld, but the key question may be whether the money was actually transmitted and posted. Comparing pay stubs to the official payment history can reveal where the breakdown occurred.

For more background on enforcement options once arrears are documented, see wage withholding or other enforcement options, and for disputes about claimed payments, see what happens if the other parent claims they already paid.

Conclusion

In North Carolina, proving missed child support usually means showing (1) the child support order and its due-date schedule, and (2) trustworthy payment records showing what was actually received. Official payment histories from the Clerk of Superior Court and/or the State Child Support Collection and Disbursement Unit are often the strongest evidence, especially in IV-D cases where those records are admissible. The next step is to prepare a month-by-month arrears ledger and provide it (with supporting documents) to counsel so the issue can be raised through the appropriate enforcement filing in District Court.

Talk to a Family Law Attorney

If you’re dealing with missing child support payments and need to document arrears for an ongoing North Carolina case, our firm has experienced attorneys who can help organize the proof and explain the enforcement options and timelines. 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.