NC General Statutes

N.C. Gen. Stat. § 110-138 (2026)

Duty of county to obtain support

✓ current as of July 2026

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Whenever a county department of social services receives an application for public assistance on behalf of a dependent child, and it shall appear to the satisfaction of the county department that the child has been abandoned by one or both responsible parents, or that the responsible parent(s) has failed to provide support for the child, the county department shall without delay notify the designated representative who shall take appropriate action under this Article to provide that the parent(s) responsible supports the child. (1975, c. 827, s. 1; 1977, 2nd Sess., c. 1186, s. 14.)

Notes of Decisions

Cited in 4 cases, 1981–2016 · leading case: Jackson Cnty. Ex Rel. Child Support Enf't Agency Ex Rel. Smoker v. Smoker, 445 S.E.2d 408 (N.C. Ct. App. 1994).

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Jackson Cnty. Ex Rel. Child Support Enf't Agency Ex Rel. Smoker v. Smoker, 445 S.E.2d 408 (N.C. Ct. App. 1994). · cites it 6× “N.C.G.S. § 110-138 (1991). Because the IV-D child support enforcement program in North Carolina is administered by state agencies in some counties, and by county agencies in other *402 counties, for ease of reference in this opinion we will refer to the administrative authority…”

Hunt v. Hunt, 784 S.E.2d 219 (N.C. Ct. App. 2016). · cites it 2× “" N.C. Gen.Stat. § 110-138 (2015). The Article further provides, as stated above, that when a person accepts public assistance on behalf of a dependent child, that person is deemed to have made an assignment to the State or county in the amount of any payments due for the…”

Wake Cnty. Ex Rel. Carrington v. Townes, 281 S.E.2d 765 (N.C. Ct. App. 1981). “G.S. 110-138, 139 (1979 Cum. Supp.). The County brings suit in its name, ostensibly on behalf of the mother and child.”

State ex rel. West v. West, 445 S.E.2d 416 (N.C. Ct. App. 1994). · cites it 3× “§ 110-137 (1991) (by accepting benefits, recipient assigns to the State his or her right to child support, and the State becomes subrogated to the recipient’s right to initiate an action for child support); N.C.G.S. § 110-138 (1991) (State has a duty to take appropriate action…”

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