Order To Withhold Wages To Enforce Child Support {CV-618}

File No. STATE OF NORTH CAROLINA County In The General Court Of Justice District Superior Court Division Civil: Plaintiff Criminal: STATE ORDER TO WITHHOLD WAGES VERSUS TO ENFORCE CHILD SUPPORT Name Of Defendant G.S. 110-136.5(c) Name And Address Of Employer Name And Address Of Obligor (Employee) The Court makes the following findings of fact and conclusions of law based on the record and the evidence presented. FINDINGS 1. This matter is before the Court pursuant to A show cause order issued in this action. the Obligees motion for an order for wage withholding. The parties request for entry of a Consent Order. the Obligors request for wage withholding. The States motion for wage withholding. Other (specify) 2. The Obligor was served on (date) . submitted to the Courts jurisdiction. 3. Present at the hearing were the Obligor, represented by . Obligee, represented by . 4. The Obligor is obligated to pay child support in the amount shown below. As of the date of the hearing, the Obligor is in arrears as shown below. Amount Of Support Obligation Weekly Monthly Date Of Support Order Or Judgment $ Amount Of Past Due Support As Of (Date) $ (check if applicable) At the time of the filing of the motion, issuance of the show cause order, hearing, the Obligor was in arrears equal to or more than support payable for one month. was delinquent in making child support payments. had been erratic in making child support payments. 5. The Obligor receives disposable wages as defined in G.S. 110-129(6) from the employer named above as set out below. Amount Of Disposable Wages Weekly Monthly $ Bi-weekly Other (specify) 6. Other findings: AOC-CV-618, Rev. 4/99 (Note: This form may be used in both civil and criminal cases.) 1999 Administrative Office of the Courts (Over) <<<<<<<<<********>>>>>>>>>>>>> 2 CONCLUSIONS 1. This matter is properly before the Court and the Court has jurisdiction over the parties and the subject matter. 2. The Support Order or Judgment referred to above is valid and continues to be in force and effect. 3. The Obligors wages are subject to withholding to enforce the child support obligation. 4. OR 40 percent (state different percent if applicable %), WHICHEVER IS LESS, is an appropriate amount to order withheld from the Obligors disposable wages each pay period, which is Weekly. Bi-weekly. Monthly. Other (specify) . ORDER It is ORDERED that: 1. The Obligors disposable wages be subjected to withholding to enforce the child support obligation referred to herein. The Obligors employer be served with a "Notice Of Obligation To Withhold," directing said employer to withhold and 2. transmit to the Clerk of Superior Court from the Obligors disposable wages each pay period the percentage set out below minus the $2 processing fee, or the exact amount set out below, WHICHEVER IS LESS. Amount* Weekly Monthly Maximum Allowable Percentage $ % *NOTE: This amount plus $2.00 processing fee must not exceed the maximum allowable percentage. 3. The withheld amounts shall be allocated as follows: (a) to obligors continuing child support obligation. $ (b) to the Arrearages until paid in full. $ Total (Note: Total should equal amount ordered withheld.) $ 4. When all arrearages are paid in full, the amount to be withheld shall be automatically reduced to the amount sufficient to pay the Obligors continuing child support obligation as listed in 3(a) above. The Clerk of Superior Court shall notify the Employer and Obligor of the reduced amount to be withheld. 5. The Employer is entitled to retain a processing fee of $2.00 in addition to the amount of withholding for each withholding made. 6. The Obligor shall remain responsible for the payment of support as previously ordered by the Court, and is responsible for payments that are due before withholding becomes effective and for any amount of the support obligation or arrearages that is not covered by the withheld amounts. 7. The Obligor shall notify the Court when this Order and/or the "Notice Of Obligation To Withhold" needs to be modified for any reason. 8. If the Obligor changes employment within the State, this Order shall remain in effect and the Clerk of Superior Court shall serve a "Notice Of Obligation To Withhold," according to the terms of this Order, on the new Employer and on the Obligor. If the Obligor or the Employer gives notice that an adjustment to withholding is needed, or if it so appears to the Clerk, the matter shall be scheduled for hearing before the Court. 9. Other: 10. The costs of this action are taxed against plaintiff. defendant. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge CONSENTED TO: (if applicable) Signature Of Plaintiff Signature Of Defendant AOC-CV-618, Side Two, Rev. 4/99, 1999 Administrative Office of the Courts