Guilford County ex rel. Child Support Enforcement Office v. Shepherd
Guilford County ex rel. Child Support Enforcement Office v. Shepherd
Opinion of the Court
On 19 March 1997, Kenneth L. Shepherd (defendant) was ordered in this case (96 CVD 5163) to pay $157.00 each two weeks as current support for his two minor children. On 25 February 1999, defendant appeared before the district court pursuant to an order to show cause. The trial court found at that hearing that defendant was employed and was paying child support through wage withholding, but that defendant had a total arrears of $6,521.36 as of the date of hearing. The trial court also found that defendant was ordered in another case (85 CVD 5839) to pay the sum of $278.40 per month
N.C. Gen. Stat. § 110-136.7 (1999) provides that
[w]hen an obligor is subject to more than one withholding for child support, withholding for current child support shall have priority over past-due support.
The order of the trial court, while well-intentioned, violates the express terms of the statute, as the order in 96 CVD 5163 is one for current support, and the order in 85 CVD 5839 requires payments only towards past-due support. The trial court erred in directing that payments received through wage withholding be prorated. Priority must be given to the order for current support under the clear legislative mandate.
The order of the trial court is reversed, and the case remanded for entry of an order consistent with the provisions of N.C. Gen. Stat. § 110-136.7.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.