North Carolina General Statutes 52C-4-401. Establishment of support order
(a) If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides outside this State; or
Terms Used In North Carolina General Statutes 52C-4-401
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See North Carolina General Statutes 52C-1-101
- Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See North Carolina General Statutes 52C-1-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligor: means an individual who, or the estate of a decedent that:
- Responding tribunal: means the authorized tribunal in a responding state or a foreign country. See North Carolina General Statutes 52C-1-101
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See North Carolina General Statutes 52C-1-101
- Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or a foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See North Carolina General Statutes 52C-1-101
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See North Carolina General Statutes 52C-1-101
(2) The support enforcement agency seeking the order is located outside this State.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is any of the following:
(1) A presumed father of the child.
(2) Petitioning to have his paternity adjudicated.
(3) Identified as the father of the child through genetic testing.
(4) An alleged father who has declined to submit to genetic testing.
(5) Shown by clear and convincing evidence to be the father of the child.
(6) An acknowledged father as provided by Chapter 110 of the N.C. Gen. Stat..
(7) The mother of the child.
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to N.C. Gen. Stat. § 52C-3-305. (1995, c. 538, s. 7(c); 2015-117, s. 1.)