June 2022 | No. COA21-347 (N.C. Ct. App. 2022)

Williams v. Wiley (North Carolina 2022)

A clerical error will not render a Notice of Registration of Foreign Support Order invalid. The parent claiming improper service must provide evidence of the defect. The Wake County child support office filed a Notice of Registration of Foreign Support Order, which was confirmed. The mother filed to dismiss the confirmation order, arguing the wrong person was served and she didn’t live at the address where the notice was mailed. The trial court denied her motion, and she appealed. The appellate court affirmed. The appellate court found the County had properly identified the mother’s last known mailing address and mailed the packet and pleadings to the address. At hearing, the mother didn’t give any evidence of another address and wouldn’t give her current physical address when asked. The original order inadvertently omitted an “e” from the end of the mother’s name, but the appellate court upheld the finding this was a clerical error and not evidence of service on the wrong person.

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