NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 386
HOUSE BILL 306
AN ACT TO AMEND G.S. 110-136 TO PERMIT GARNISHMENT OF UP TO FORTY PERCENT (40%) OF WAGES FOR CHILD SUPPORT AND TO MAKE TECHNICAL PROCEDURAL CHANGES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 110-136, as found in the 1978 Interim Supplement, is amended by substituting the phrase "forty percent (40%)" for the phrase "25 percent (25%)" in the following lines: line 8 of subsection (a), line 10 of subsection (b), and lines 4 and 5 of subsection (c).
Sec. 2. G.S. 110-136(b), as found in the 1978 Interim Supplement, is amended by rewriting the last sentence to read: "The time period for answering or otherwise responding to pleadings, motions and other papers issued pursuant to this section shall be in accordance with the time periods set forth in G.S. 1A-1, Rules of Civil Procedure, except that the alleged employer third-party garnishee shall have 10 days from the date of service of process to answer both the motion to join him as a defendant garnishee and the motion for the wage garnishment order."
Sec. 3. G.S. 110-136(c), as found in the 1978 Interim Supplement, is amended on line 4 by inserting the phrase "held pursuant to this section," between the words, "hearing" and "the".
Sec. 4. G.S. 110-136(c), as found in the 1978 Interim Supplement, is amended on line 7 by inserting the words, "certified or" between the words, "by" and "registered".
Sec. 5. G.S. 110-136(c), as found in the 1978 Interim Supplement, is amended by striking the first sentence.
Sec. 6. G.S. 110-136(b), as found in the 1978 Interim Supplement, is amended by deleting the word "petition" in two places as the same appears on lines 2 and 3 and substituting therefor on line 2 the word "move" and substituting therefor on line 3 the word "motion".
Sec. 7. G.S. 110-136(b), as found in the 1978 Interim Supplement, is further amended by rewriting the sentence beginning on line 11 with the words "The petition" and ending on line 13 with the word and number "Rule 4." to read as follows: "The motion for the wage garnishment order along with a motion to join the alleged employer as a third-party garnishee defendant shall be served on both the responsible parent and the alleged employer in accordance with the provisions of G.S. 1A-1, Rules of Civil Procedure."
Sec. 8. G.S. 110-136, as found in the 1978 Interim Supplement, is further amended by adding a new subsection (c) between subsections "(b)" and "(c)" to read as follows:
"(c) In addition to the foregoing method for instituting a continuing wage garnishment proceeding for child support through motion, the mother, father, custodian, or guardian of the child or any designated representative interested in the support of a dependent child may in an independent proceeding petition the court for an order of continuing wage garnishment. The petition shall be verified and shall state that the responsible parent is under court order or has entered into a written agreement pursuant to G.S. 110-132 or 110-133 to provide child support, that said parent is delinquent in such child support or has been erratic in making child-support payments, the name and address of the alleged-employer garnishee of the responsible parent, the responsible parent's monthly disposable earnings from said employer (which may be based on information and belief), and the amount sought to be garnished, not to exceed forty percent (40%) of the responsible parent's monthly disposable earnings. The petition shall be served on both the responsible parent and his alleged employer in accordance with the provisions for service of process set forth in G.S. 1A-1, Rule 4. The time period for answering or otherwise responding to process issued pursuant to this section shall be in accordance with the time periods set forth in G.S. 1A-1, Rules of Civil Procedure."
Sec. 9. G.S. 110-136, as found in the 1978 Interim Supplement, is further amended by re-lettering subsection "(c)" to read as subsection "(d)".
Sec. 10. G.S. 50-13.4(f)(4), as found in the 1976 Replacement to Volume 2A, is amended by rewriting the last sentence of that subdivision to read as follows: "Additionally, in accordance with the provisions of G.S. 110-136, a continuing wage garnishment proceeding for wages due or to become due may be instituted by motion in the original child support proceeding or by independent action through the filing of a petition."
Sec. 11. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 17th day of April, 1979.