Bill Summary for S 443 (2023-2024)

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Summary date: 

Mar 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 443 (Public) Filed Thursday, March 30, 2023
AN ACT TO ELIMINATE CHILD SUPPORT OWED IN CERTAIN CASES WHERE THE CHILD IS PLACED IN FOSTER CARE AND THE ABILITY TO SUSPEND AND REDUCE CHILD SUPPORT OWED.
Intro. by Krawiec, Burgin, Corbin.

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Bill summary

Amends GS 7B-904(d) to eliminate a court's authority at the dispositional hearing or a subsequent hearing to order a parent, who the court has found able, to pay a reasonable sum to support a juvenile that has been adjudicated as abused, neglected, or dependent for whom legal custody is vested in someone other than the juvenile's parent. Now directs the county department of social services in whose custody the juvenile is placed to pay the cost of the support of the juvenile when legal custody is vested in someone other than the juvenile's parent.

Makes conforming changes to repeal subsection (n) of GS 7B-1114, which released a parent whose parental rights were reinstated from liability for child support or costs of any services provided to the juvenile for the period from the date of the order terminating their rights to the date of the order reinstating their rights.

Amends GS 50-13.10 to specify that a child support payment or the relevant portion thereof is not past due and no arrearage accrues for foster care assistance owed to the State by the supporting party during any period when the child is placed in foster care.

Enacts GS 110-135.1 to require the following upon motion by either party and a showing that the child has been placed in foster care: (1) suspension of the obligor's child support obligation, if owed to the State, during any period when the child is placed in the custody of a county department of social services and (2) reduction of any foster care assistance arrears owed to the State for past paid foster care assistance to zero. Specifies that the statute does not create a debt owed to the obligor.

Applies to cases, motions, or petitions filed or pending on or after the date the act becomes law.