Dec302025
Family Law Q&A Series

What can I do if the other parent is not paying the child support that was ordered? – North Carolina

Short Answer

In North Carolina, when a parent does not pay court-ordered child support, the usual next step is to ask the court (or the child support enforcement agency in a IV-D case) to enforce the order. Common tools include income withholding (wage withholding), a contempt “show cause” hearing, and reducing past-due support to a money judgment for collection. In some situations—such as two consecutive months of missed payments—North Carolina law also allows an application for criminal process if the nonpayment is willful.

Understanding the Problem

In North Carolina child support cases, the question is what steps are available when a parent has a valid child support order but the other parent is not making the ordered payments. The issue usually turns on whether there is an existing court order, whether payments are delinquent, and which enforcement path fits the situation (for example, wage withholding versus a contempt proceeding). The key trigger is the missed payments themselves, including whether the delinquency has reached one month or two consecutive months.

Apply the Law

North Carolina treats a child support order as enforceable through several court-approved remedies. The main forum is typically District Court (often through the clerk’s office for certain enforcement steps), and in IV-D cases the local child support enforcement agency generally monitors compliance and initiates enforcement. Depending on the facts, enforcement may focus on (1) getting payments flowing again through income withholding, (2) asking the court to hold the obligor in contempt for disobeying a support order, and/or (3) converting arrears into a money judgment that can be collected like other judgments.

Key Requirements

  • A valid support order exists: Enforcement tools generally require an existing court order that sets the payment amount and due dates.
  • A measurable delinquency: Many remedies turn on how far behind the obligor is (for example, delinquent by an amount equal to one month of support, or unpaid for two consecutive months).
  • The right enforcement theory: Some remedies (like reducing arrears to judgment or wage withholding) focus on the amount owed, while contempt and criminal process generally require proof of willful nonpayment and, for civil contempt, an ability to comply.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the situation involves an existing child support case in North Carolina where the ordered payments are not being made. If there is a current support order and a payment history showing missed payments, enforcement can focus first on restarting payment through income withholding and, if needed, asking the court for a contempt “show cause” hearing. If the goal is to collect past-due amounts, a motion to have the court determine the arrears and enter a money judgment can support stronger collection tools without needing to prove willfulness.

Process & Timing

  1. Who files: The parent owed support (or, in a IV-D case, the child support enforcement agency). Where: Typically District Court through the Clerk of Superior Court’s office in the county where the case is pending, and sometimes before a District Court judge; criminal process applications go to a magistrate. What: Common filings include a motion and order to show cause for contempt and/or income withholding; in some cases, a motion in the cause to determine arrears and reduce them to judgment. When: Income withholding and certain enforcement steps may be triggered when the obligor is delinquent by an amount equal to one month of support; criminal process may be pursued after two consecutive months of missed ordered payments if the nonpayment is willful.
  2. Notice and hearing: For a show-cause enforcement hearing, the obligor must be properly served with the show-cause order and given clear notice of what the hearing is about. The court can require the obligor to bring employment and income information to the hearing.
  3. Orders the court can enter: Depending on proof, the court may order income withholding, set a payment plan toward arrears, enter a money judgment for arrears, and/or (in appropriate cases) impose contempt sanctions. If pursuing criminal process, the magistrate determines probable cause and the District Attorney prosecutes the charge.

Exceptions & Pitfalls

  • Contempt requires the right proof: Civil contempt generally depends on showing the obligor had the ability to comply and willfully failed to do so. If the evidence shows a genuine inability to pay, contempt may not be appropriate even if money is owed.
  • Judgment language matters: If arrears are reduced to a money judgment but the order does not set periodic payments or deadlines, contempt may not be available to enforce that judgment. Many cases are handled more effectively when the court order includes clear payment terms.
  • Service and notice problems: Enforcement hearings can be delayed or undone if the obligor is not properly served or if the paperwork does not clearly state the purpose of the hearing and what information must be brought.
  • IV-D versus non-IV-D confusion: In IV-D cases, the child support enforcement agency typically monitors payments and decides which enforcement tools to pursue, while the clerk maintains official records. In non-IV-D cases, the party owed support often must initiate enforcement directly.

Conclusion

In North Carolina, when a parent does not pay ordered child support, enforcement usually starts by asking the court (or the child support enforcement agency in a IV-D case) to use tools like income withholding, a contempt show-cause hearing, and/or a money judgment for arrears. Some remedies turn on specific delinquency thresholds, including delinquency equal to one month for income withholding and two consecutive months for certain criminal-process requests if the nonpayment is willful. A practical next step is to file a motion for an order to show cause in the existing case with the Clerk of Superior Court.

Talk to a Family Law Attorney

If a parent is not paying court-ordered child support, our firm has experienced attorneys who can help explain enforcement options and timelines under North Carolina law. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.