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SAMPSON CTY. CHILD SUPPORT ENF. v. BOLTON

No. 884DC609.

377 S.E.2d 88 (1989)

SAMPSON COUNTY CHILD SUPPORT ENFORCEMENT AGENCY, ex rel. Mary Hester BOLTON, Plaintiff-Appellee, v. Albert BOLTON, Jr., Defendant-Appellant.

Court of Appeals of North Carolina.

March 7, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. T. Byron Smith, Raleigh, for the State plaintiff-appellee.

East Cent. Community Legal Services by Leonard G. Green and James P. Green, Jr., Smithfield, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the hearing provided under N.C.G.S. § 110.136.4 for contesting wage garnishment fails to comport with due process requirements under the federal and North Carolina Constitutions. We disagree. Rather, we find that plaintiff Sampson County Child Support Enforcement Agency proceeded wrongly under North Carolina's statutory scheme for income withholding in IV-D cases by attempting to use the garnishment proceeding outlined in...

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