Jan282026
Family Law Q&A Series

What happens if my adult child misses the court date or doesn’t respond to the summons? – North Carolina

Short Answer

In North Carolina, if an adult child who was properly served with a child support (and often paternity) summons does not file a timely response or does not show up for a scheduled court date, the case can move forward without them. The court may enter orders based on the other side’s evidence, and the missed appearance can also lead to additional court dates, enforcement steps, or contempt proceedings. The fastest way to limit damage is usually to act quickly to get the case back on track and address service, paternity, and support issues in the correct order.

Understanding the Problem

In North Carolina child support court, what happens if an alleged parent does not respond to a summons or misses the first court date after being served in a support case connected to a prior dating relationship? The decision point is whether the court treats the person as properly served and proceeds without participation, which can lead to orders being entered based on the information presented by the other side.

Apply the Law

North Carolina child support cases are usually handled in District Court. Many cases also involve parentage (paternity) questions, because the court generally must determine whether the person is a legal parent before entering an ongoing child support order. If a person who was served does not participate, the court can still move the case forward, and later fixing the problem may require filing motions and meeting strict standards. In addition, failing to comply with court-ordered appearances or subpoenas can expose a person to contempt consequences.

Key Requirements

  • Proper service and notice: The court generally needs proof that the summons (and hearing notice) were served in a way North Carolina law recognizes before it proceeds without the person.
  • Parentage must be addressed: If paternity is disputed, the case often turns on whether the court can determine parentage (including through genetic testing procedures) before setting ongoing support.
  • Missed deadlines and missed appearances have consequences: Not answering and not appearing can allow the other side to seek orders without input, and ignoring court process can lead to enforcement steps, including contempt in some situations.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an adult with special needs who receives Social Security disability benefits was served with a child support summons tied to a prior relationship. If the adult child does not respond or misses court, the court may still proceed based on the other party’s filings and testimony, which can increase the risk that parentage and support issues get decided without the adult child’s input. If paternity is not actually established (or is contestable), waiting can make the path to correct the record more complicated and time-sensitive.

Process & Timing

  1. Who files: Typically the other parent or the local child support enforcement program (often called “IV-D”). Where: North Carolina District Court in the county where the case was filed (often where a parent or the child lives). What: A written response (often called an “Answer”) and, when appropriate, a request for genetic testing or other relief. When: The summons and notice set the initial deadlines and court date; missing them can allow the case to move forward without participation.
  2. If the court date is missed: The court may continue the hearing, issue additional orders to appear, or proceed based on the evidence presented by the party who did appear. If the case involves genetic testing, the court or agency may also push the testing process forward through subpoenas and follow-up dates.
  3. If an order gets entered: The next step is usually to file a motion asking the court to set aside or modify what was entered, and to address the underlying issues (service, paternity, income/ability to pay, and guideline calculations). Courts typically expect prompt action once the problem is discovered.

Exceptions & Pitfalls

  • Service problems can change everything: If the adult child was not properly served, that can be a basis to challenge what happened later. A quick review of the return of service and the file stamp dates often matters. Related reading: never properly served with court papers.
  • Paternity issues can be harder to unwind after orders are entered: If paternity was established by an order (or treated as established because no one contested it), fixing it later may require meeting specific legal standards and using genetic testing in the way the court requires.
  • Ignoring subpoenas or court-ordered testing can escalate the case: In IV-D paternity procedures, refusal to comply with genetic testing subpoenas can be addressed as contempt. See N.C. Gen. Stat. § 110-132.2.
  • Disability benefits do not stop the case from moving: SSI/SSDI status may affect ability-to-pay arguments and what evidence should be presented, but it usually does not prevent the court from holding hearings or entering orders if the person does not appear.
  • Waiting to act is a common mistake: Once a support-related order exists, enforcement tools can start (income withholding, arrears tracking, and other remedies). Even when relief is possible, delay can limit options.

Conclusion

In North Carolina, if an adult child who was served with a child support (and possibly paternity) summons does not respond or misses the court date, the court can allow the case to proceed without them and may enter orders based on the other side’s evidence. Parentage is often the gateway issue, and missed appearances can also create contempt risk in certain situations. The next step is to file a written response and, if an order was entered, promptly file the appropriate motion in District Court to address service, paternity, and support.

Talk to a Family Law Attorney

If a special-needs adult child has been served with a North Carolina child support summons and missed a deadline or court date, our firm has experienced attorneys who can help explain what the court can do next and what options may exist to respond or seek relief. 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.