Current through Session Law 2024-56
Section 52C-3-307 - Duties of support enforcement agency(a) In a proceeding under this Chapter, a support enforcement agency of this State, upon request, shall provide the following:(1) Services to a petitioner residing in a state.(2) Services to a petitioner requesting services through a central authority of a foreign country as described in G.S. 52C-1-102(3a)a. or d [G.S. 52C-1-101(3a)a. or d.]. A support enforcement agency of this State may provide services to a petitioner who is an individual not residing in a state.
(b) A support enforcement agency of this State that is providing services to the petitioner shall: (1) Take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;(2) Request an appropriate tribunal to set a date, time, and place for a hearing;(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.(b1) A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts to: (1) Ensure that the order to be registered is the controlling order; or(2) If two or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (b2) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.(b3) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to G.S. 52C-3-318.(c) This Chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.N.C. Gen. Stat. § 52C-3-307
Amended by 2015 N.C. Sess. Laws 117, s. 1, eff. 6/24/2015. 1995 , c. 538, s. 7 (c); 1997-433, s. 10.7; 1998-17, s. 1.