Jan292026
Family Law Q&A Series

What should my adult child do right away after being served with a child support summons? – North Carolina

Short Answer

In North Carolina, the safest move after being served with a child support summons is to read every page, calendar the response and court dates, and file a timely written response (or get a lawyer to do it) so the case does not move forward by default. The response should clearly state whether paternity is admitted or denied and should request genetic testing if paternity is disputed. It is also important to start gathering proof of income and disability benefits right away because child support hearings often move quickly.

Understanding the Problem

In a North Carolina child support case, an adult who is served with a summons must decide one main issue right away: whether to respond promptly in writing and appear as required so the court can hear the person’s position on parentage and support. The summons and attached papers usually set deadlines and may schedule a hearing in District Court. When the person served receives disability benefits and has special needs, the immediate concern is still the same—meeting the court’s deadlines—while preparing to show accurate financial information and any limits on ability to work.

Apply the Law

North Carolina child support cases are typically handled in District Court, and many counties use an expedited process designed to move support cases quickly. If paternity is disputed, North Carolina law allows paternity to be established through a civil action and often relies heavily on genetic testing. In IV-D (child support enforcement) cases, the child support agency may also use subpoenas for genetic testing, and there are short timelines to contest those subpoenas. Even when paternity is not disputed, child support matters can be scheduled and decided on a fast track, so early action matters.

Key Requirements

  • Meet the response and hearing deadlines: The summons and notice paperwork control the first deadlines. Missing them can lead to orders being entered without the person’s input.
  • Take a clear position on paternity: If the person served is not the child’s parent, the response should say so and should request genetic testing rather than relying on informal statements.
  • Prepare financial proof early: Child support decisions commonly rely on sworn financial information and supporting documents, including proof of disability benefits and any other income.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The adult child was served with a child support summons tied to a prior dating relationship, so the first priority is avoiding a missed deadline while deciding whether parentage is disputed. If parentage is disputed, North Carolina practice strongly favors promptly requesting genetic testing rather than waiting for the first hearing. Because the adult child receives Social Security disability benefits, gathering benefit letters and payment history early helps present accurate income information when the court addresses support.

Process & Timing

  1. Who files: The person served (the defendant/respondent in the support case) files the response. Where: North Carolina District Court in the county listed on the summons, through the Clerk of Superior Court (civil filing) and the District Court child support calendar as directed by the notice. What: A written answer/response to the complaint or motion (and, if paternity is disputed, a request for genetic testing). When: By the deadline stated on the summons/notice; if a genetic-testing subpoena is issued in an IV-D case, a request for a hearing to contest it must be made within 15 days of receiving the subpoena.
  2. Prepare the “proof packet” immediately: collect the summons/complaint, any notice of hearing, Social Security disability award/benefit verification, recent bank statements showing deposits, any work history or earnings records (if any), and any documents relevant to parentage (for example, prior acknowledgments or prior court orders, if they exist).
  3. Attend the first scheduled court event: appear at the date/time listed (or ensure counsel appears). If paternity is contested, the case may be set for genetic testing and a later hearing; if paternity is not contested, the court may move quickly toward a support order under the expedited process.

Exceptions & Pitfalls

  • Default risk: Failing to file a timely response or failing to appear can allow the case to move forward without the person served presenting defenses or income information.
  • Paternity shortcuts: Trying to “explain” non-parentage without requesting genetic testing can backfire. In contested cases, genetic testing is often the most practical way to resolve parentage under North Carolina’s proof standards.
  • Disability documentation gaps: Relying on verbal statements about disability benefits instead of providing written verification can lead to incomplete or inaccurate income findings.
  • Notice and local rule issues: Many counties require financial affidavits and document exchanges before support hearings. Missing those local requirements can create delays or sanctions and can weaken the presentation of income and expenses.

Conclusion

After service of a child support summons in North Carolina, the immediate priority is to meet the court’s deadlines by filing a timely written response and appearing as required. The response should clearly address paternity (admit or deny) and should request genetic testing if paternity is disputed. Because child support cases often move on an expedited track, the next step is to file the response with the Clerk in the county listed on the summons by the stated deadline and begin gathering proof of disability benefits and any other income for the first hearing.

Talk to a Family Law Attorney

If an adult child has been served with a North Carolina child support summons and there are questions about paternity, deadlines, or how disability benefits should be documented, our firm has experienced attorneys who can help explain 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.