How much back child support is a felony in NC?
In North Carolina, it is essential for parents who are responsible for paying child support to adhere to their obligations. When a parent fails to comply with a child support order, the consequences can be severe, including the potential for felony charges. The question, however, remains: How much back child support constitutes a felony in NC? In this article, we will explore the answer and provide guidance on the rules and regulations regarding child support in North Carolina.
Legal Framework in North Carolina
In North Carolina, child support obligations are outlined in Chapter 50, Article 4 of the North Carolina General Statutes. According to Section 50-13.10, the legal framework provides for the courts to enforce child support payments and outline the procedures for collection, modification, and enforcement. The law further specifies the consequences for failing to pay child support, including fines, imprisonment, and additional penalties.
Felony Child Support Charge in North Carolina
The North Carolina General Statute 14-279.C outlines the specific conditions that can result in a felony child support charge. Pursuant to this statute:
- Any person who knowingly and intentionally fails to provide court-ordered child support for at least 67 weeks can be charged with a felony.
- Additionally, anyone who knowingly and intentionally provides false information with the intention of avoiding the payment of court-ordered child support or conceals information about the whereabouts of their child(ren) or income for the purpose of avoiding court-ordered support can also face felony charges.
Penalties for Felony Child Support Charge in NC
A felony child support charge carries significant penalties. The convicted individual may be sentenced to:
- Minimum of 1 year, but up to 6 years, in prison, depending on the severity of the circumstances.
- Mandatory fines up to $15,000 or more.
How to Avoid Felony Child Support Charges in NC
To avoid felony child support charges in North Carolina, it is essential for parents to stay current on their child support payments. Here are some tips:
- Paying online: Many court systems now offer online portals for payment. Make timely payments using this method.
- Automated draft: Arrange for automatic deduction from your bank account. This helps ensure timely payment and provides a paper trail.
- Modification petitions: If you experience significant changes in income or other circumstances affecting your ability to pay support, file a petition with the court for modification of the child support order.
Table 1: Child Support and Felony Charges in North Carolina
| Back Support Amount | Felony Charges |
|---|---|
| 67+ weeks of unpaid support | Yes (felony charges) |
| Less than 67 weeks of unpaid support | No (civil or domestic violence charges only) |
| Intentional attempts to evade child support (false information or concealment) | Yes (felony charges) |
Summary and Additional Information
In summary, in North Carolina, it is illegal to knowingly and intentionally fail to provide court-ordered child support for at least 67 weeks, or engage in actions intentionally designed to evade support obligations. Punishments for failing to do so can result in fines and imprisonment.
Additional considerations:
- Non-custodial parents have a right to medical support, which includes ensuring the covered child receives the necessary healthcare services.
- Enforcement: Parents who default on child support payments are subject to:
- Wage garnishment
- Bank levies
- Federal tax lien
- Professional licenses suspension
Failing to comply with a child support order can result in more than just monetary penalties; it can impact your liberty and reputation. If you are facing challenges with your child support payments, consider consulting with a qualified legal professional for guidance on available options.
For more information on child support in North Carolina, including guidelines on calculating child support, the process for enforcement, and the importance of maintaining consistent payments, review the comprehensive resources available at the NC Child Support Forum.
