GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 518
The General Assembly of North Carolina enacts:
Section 1. G.S. 50-13.4(b) reads as rewritten:
"(b) In the absence of
pleading and proof that the circumstances otherwise warrant, the father and
mother shall be primarily liable for the support of a minor child, and child.
In the absence of pleading and proof that the circumstances otherwise warrant,
parents of a minor, unemancipated child who is the custodial or noncustodial
parent of a child shall share this primary liability for their grandchild's
support with the minor parent, the court determining the proper share, until
the minor parent reaches the age of 18 or becomes emancipated. If both
the parents of the child requiring support were unemancipated minors at the
time of the child's conception, the parents of both minor parents share primary
liability for their grandchild's support until both minor parents reach the age
of 18 or become emancipated. If only one parent of the child requiring
support was an unemancipated minor at the time of the child's conception, the
parents of both parents are liable for any arrearages in child support owed by
the adult or emancipated parent until the other parent reaches the age of 18 or
becomes emancipated. In the absence of pleading and proof that the
circumstances otherwise warrant, any other person, agency, organization or
institution standing in loco parentis shall be secondarily liable for such
support. Such other circumstances may include, but shall not be limited
to, the relative ability of all the above-mentioned parties to provide support
or the inability of one or more of them to provide support, and the needs and
estate of the child. The judge may enter an order requiring any one or more
of the above-mentioned parties to provide for the support of the child as may
be appropriate in the particular case, and if appropriate the court may
authorize the application of any separate estate of the child to his
support. However, the judge may not order support to be paid by a person
who is not the child's parent or an agency, organization or institution
standing in loco parentis absent evidence and a finding that such person,
agency, organization or institution has voluntarily assumed the obligation of
support in writing. The preceding sentence shall not be construed to
prevent any court from ordering the support of a child by an agency of the
State or county which agency may be responsible under law for such
support."
Sec. 2. G.S. 110-129(3) reads as rewritten:
"(3) 'Responsible parent'
means the natural or adoptive parent of a dependent child who has the legal
duty to support said child and includes the father of an illegitimate child.
a child born out-of-wedlock and the parents of a dependent child who is
the custodial or noncustodial parent of the dependent child requiring
support. If both the parents of the child requiring support were
unemancipated minors at the time of the child's conception, the parents of both
minor parents share primary liability for their grandchild's support until both
minor parents reach the age of 18 or become emancipated. If only one
parent of the child requiring support was an unemancipated minor at the time of
the child's conception, the parents of both parents are liable for any
arrearages in child support owed by the adult or emancipated parent until the
other parent reaches the age of 18 or becomes emancipated."
Sec. 3. This act becomes effective October 1, 1995, and applies to child support assessed for children born on or after that date.
In the General Assembly read three times and ratified this the 29th day of July, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives