Short answer: Under G.S. 50-13.4(f)(9), a child support order can be enforced by civil contempt, and disobedience can be punished by criminal contempt. Civil contempt under G.S. 5A-21 requires that the order is still in force, its purpose can still be served, the failure to pay is willful, and the person is able to comply or take reasonable steps to comply.
The four elements of civil contempt
- The order remains in force.
- The purpose of the order may still be served by compliance.
- The noncompliance is willful.
- The person is able to comply, or able to take reasonable measures that would allow compliance.
Ability to pay is often the most contested issue. A parent who truly cannot pay, and has not caused that inability, should not be held in civil contempt. A parent who could pay but chooses not to can be.
Can you go to jail for not paying child support?
Yes. A person held in civil contempt may be jailed while the contempt continues. For failure to pay child support, G.S. 5A-21(b) allows imprisonment as long as the civil contempt continues without a further hearing. The court sets a purge condition, usually a payment amount, and the person is released when it is met. Criminal contempt is different: it punishes a past violation rather than compelling future payment.
Other enforcement tools
| Remedy | Source |
|---|---|
| Income withholding from wages | G.S. 110-136.3, which requires immediate withholding provisions in most orders |
| Bond, mortgage, or other security for payments | G.S. 50-13.4(f)(1) |
| Arrest and bail | G.S. 50-13.4(f)(3) |
| Attachment and garnishment | G.S. 50-13.4(f)(4) |
| Civil or criminal contempt | G.S. 50-13.4(f)(9) and Chapter 5A |
If you cannot afford your current support
Do not just stop paying. Under G.S. 50-13.7, a support order may be modified on a motion showing changed circumstances. Until a new order is entered, the old amount generally keeps accruing. Filing promptly protects you, and documenting the change in income helps answer a contempt motion.
See our pages on child support and custody enforcement remedies.
Frequently asked questions
Can you go to jail for not paying child support in North Carolina?
Yes. A parent found in civil contempt for failure to pay child support may be imprisoned as long as the civil contempt continues under G.S. 5A-21(b), usually until a set purge payment is made. Contempt requires willful nonpayment and ability to comply.
What if I cannot afford to pay child support?
Inability to pay is a defense to civil contempt if the four elements of G.S. 5A-21(a) are not met. You can also ask the court to modify support based on changed circumstances under G.S. 50-13.7.
Can child support be taken directly from my paycheck?
Yes. G.S. 110-136.3 requires most North Carolina child support orders to include immediate income withholding provisions.
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.