110-136.6. Amount to be withheld.
(a) Computation of amount. When income withholding is implemented pursuant to this Article, the amount to be withheld shall include:
(1) An amount sufficient to pay current child support; and
(2) An additional amount toward liquidation of arrearages; and
(3) A processing fee of two dollars ($2.00) to cover the cost of withholding, to be retained by the payor for each withholding unless waived by the payor.
(b) Limits on amount withheld. Withholding for current support, arrearages, processing fees, court costs, and attorneys fees shall not exceed forty percent (40%) of the obligor's disposable income for one pay period from the payor when there is one order of withholding. The sum of multiple withholdings, for current support, arrearages, processing fees, court costs, and attorneys fees shall not exceed:
(1) Forty-five percent (45%) of disposable income for one pay period from the payor in the case of an obligor who is supporting his spouse or other dependent children; or
(2) Fifty percent (50%) of disposable income for one pay period from the payor in the case of an obligor who is not supporting a spouse or other dependent children.
(b1) When there is an order of income withholding for current or delinquent payments of alimony or postseparation support or for any portion of the payments, the total amount withheld under this Article and under G.S. 50-16.7 shall not exceed the amounts allowed under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. 1673(b).
(c) Contents of order and notice. An order or advance notice for withholding and any notice to a payor of his obligation to withhold shall state a specific monetary amount to be withheld and the amount of disposable income from the applicable payor on which the amount to be withheld was determined. The notice shall clearly indicate that in no event shall the amount withheld exceed the appropriate percentage of disposable income paid by a payor as provided in subsection (b). (1985 (Reg. Sess., 1986), c. 949, s. 2; 1998-176, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 110-129.1 - Additional powers and duties of the Department.
§ 110-130 - Action by the designated representatives of the county commissioners.
§ 110-130.1 - Non-Work First services.
§ 110-130.2 - Collection of spousal support.
§ 110-131.1 - Notice; due process requirements met.
§ 110-132 - Affidavit of parentage and agreement to motion to set aside affidavit of parentage.
§ 110-132.1 - Paternity determination by another state entitled to full faith and credit.
§ 110-132.2 - Expedited procedures to establish paternity in IV-D cases.
§ 110-133 - Agreements of support.
§ 110-134 - Filing of affidavits, agreements, and orders; fees.
§ 110-135 - Debt to State created.
§ 110-136 - Garnishment for enforcement of child-support obligation.
§ 110-136.1 - Assignment of wages for child support.
§ 110-136.2 - Use of unemployment compensation benefits for child support.
§ 110-136.3 - Income withholding procedures; applicability.
§ 110-136.4 - Implementation of withholding in IV-D cases.
§ 110-136.5 - Implementation of withholding in non-IV-D cases.
§ 110-136.6 - Amount to be withheld.
§ 110-136.7 - Multiple withholding.
§ 110-136.8 - Notice to payor; payor's responsibilities.
§ 110-136.9 - Payment of withheld funds.
§ 110-136.10 - Termination of withholding.
§ 110-136.11 - National Medical Support Notice required.
§ 110-136.12 - IV-D agency responsibilities.
§ 110-136.13 - Employer responsibilities.
§ 110-136.14 - Health insurer or health care plan administrator responsibilities.
§ 110-138 - Duty of county to obtain support.
§ 110-138.1 - Duty of judicial officials to assist in obtaining support.
§ 110-139 - Location of absent parents.
§ 110-139.1 - Access to federal parent locator service; parental kidnapping and child custody cases.
§ 110-139.2 - Data match system; agreements with financial institutions.
§ 110-139.3 - High-volume, automated administrative enforcement in interstate cases (AEI).
§ 110-140 - Conformity with federal requirements; restriction on options without federal funding.