Tribal Download



Alabama-Coushatta Tribe of Texas


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State of Texas

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
Title VII Section 113

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18 years of age

D2. What is the statutory citation for the age of majority?
Title VII Section 402

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 years of age. If a child is regularly enrolled and attending high school or an alternative high school program as a full time student, the child shall be entitled to support by the parents until the child graduates from high school, is emancipated, or reaches the age of 20 years, which ever occurs first.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.
Child support does not end without a court order.

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Court uses best interest analysis.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Unless the order specifically states a deduction, a modification is required.

E1. What is your Tribe's statute of limitations for collection of past due support?
None

E2. What is your Tribe's statute of limitations for paternity establishment?
Age of majority for the child.

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
The computation formula computes the base monthly child support amount based on the monthly net income of the obligor(s), which shall be calculated in accordance with this section.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
No

F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
No, we do not establish medical support, but we will enforce intergovernmental orders.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?
N/A

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
We recover cost on intergovernmental cases pursuant to full faith and credit.

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Title VII Section 111 and Section 201

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Title VII Section 507

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Assignment, Income Withholding Order (IWO)

G2. What specific sources of income are not subject to withholding?
Tribal religious and/or ceremonial property, individual trust property, individual religious and/or ceremonial property, and Individual Indian Money (IIM) accounts

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
$5.00

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The next pay period of the obligor after the employer receives notice.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven business days after the date upon which the obligor is paid.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?
If the employer fails to withhold in accordance with the provisions of the income assignment order, the employer will be liable for the accumulated amount the employer should have withheld and paid from the obligor's income.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Court process.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Title VII Section 403 Subsection M

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
10 days of the date when the obligor terminates employment.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Yes, the Alabama-Coushatta Tribe will utilize the lien and levy procedures which are identical to the state procedures.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Child support holds a higher priority.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
Unless ordered by the court via a separate action consolidated into one order.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
By disestablishment and simultaneously establishing paternity for the actual father.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
If a marriage is recognized as common-law in other jurisdictions, the Alabama-Coushatta Tribe gives recognition.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Court determines how testimony may be accepted.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Pursuant to full faith and credit.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial process

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
parties income

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Unless the court makes a specific finding of best interest to the contrary, the child support obligation shall commence on the 1st day of the month immediately following the date of the order.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No, child support follows the child, but we will seek child support on behalf of the custodial party to redirect child support.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification action

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
Only in cooperation with the State of Texas.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
This action is pursuant through the State of Texas through a cooperative agreement.

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
Yes

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial

J8. Please describe any other administrative enforcement procedures your Tribe may have.
Income withholding, liens, and levies

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Contempt

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
All foreign orders must be domesticated through Tribal Court and must be pursuant to Tribal Code.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
Initiating

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
Only cases with arrearages.

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Once every four years

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Request of the parties, per Tribal Code, or every four years.

K3. Briefly describe your Tribe's modification procedure.
Petition to modify when a change of income occurs, when a child reaches the age of majority, when a child ceases to be entitled to support pursuant to the support order or when a change occurs in child care costs or medical support.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Title VII Section 413 Subsection B

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Best interests of the child.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
Unless the court orders abatement based upon a finding of best interests.

K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Refer to Department of Vital Records.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Must be a certified copy of order which is domesticated within our court and location information.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Notice of Lien/Levy.

L6. What other documents does your Tribe use to attach lump sum payments?
Court order

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Aleutian-Pribiloff Islands Associations, Inc.


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
We have a main office in Anchorage, AK and additional offices in St. George Island, King Cove, and Unalaska, AK.

A2. With what types of agencies do you have cooperative agreements?
We have a cooperative agreement with the State of Alaska.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?
Our age of majority is 18 or if disabled, up to 21, or unless otherwise ordered.

D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Circumstances that may support an order of post-majority support include the following: a. Full-time enrollment in high school or in college by a child under twenty five years; b. Physical or mental disability of the child which prolongs his or her dependence past the age of eighteen.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
There is no statute of limitations on the collection of child support arrears.

E2. What is your Tribe's statute of limitations for paternity establishment?
An action to determine paternity may be initiated at any time before the child in question has his or her 18th birthday.

E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
Percentage of Income

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
By agreement of the parties and with approval from APIA TCSP.

F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding

G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Employers subject to the jurisdiction of APIA will be required to pay a forfeiture or fine for refusing to employ, or taking disciplinary action against, or wrongfully discharges an employee because of Income Withholding. The employer may be subject to a fine in the amount equal to three months of the withhold amount under the income withhold or voluntary income withholding, payable to the APIA TCSP for the benefit of the children.

G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Apache Tribe of Oklahoma*


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Blackfeet Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Central Council Tlingit And Haida Indian Tribes Of Alaska


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
Two. The main office is located in Juneau, Alaska. One branch office located in Ketchikan, Alaska.

A2. With what types of agencies do you have cooperative agreements?
Department of Health and Social Services Washington Child Support Services Division.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 unless enrolled full-time in school or as otherwise ordered by the court.

D2. What is the statutory citation for the age of majority?
CCTHITA Title 10.01.003.B

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 unless the child is enrolled full-time in high school.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Age 18 or until the child graduates from high school, or pursuant to the termsof the child support order.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
There is no statute of limitations on the collection of child support arrears.

E2. What is your Tribe's statute of limitations for paternity establishment?
In a paternity proceeding, a party must bring an action for determination of parentage on or before the child reaches the age of 18.

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Arrears can be collected until the debt is paid in full. There is no statute of limitations for an action to enforce a child support order.

F1. What guideline type or method does your Tribe use to calculate child support ?
Percentage of Income Model.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
By agreement of the parties and court approval. The payer must present evidence of the value of the non-cash support payment.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
CCTHITA Sec. 10.04.003 C.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
CCTHITA Sec.06.01.020,Sec.06.01.030

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Garnishment, income or wage withholding order.

G2. What specific sources of income are not subject to withholding?
Child support, child support obligations incurred as a result of a Court Order for child(ren)in a subsequent family, foster care payments received from a tribe or a state, public assistance benefits received from a tribe or state, except that child care subsidy payments shall be considered income to a child care provider, food stamps under 7 USC 2011 to 2036. Supplemental Income under 42 USC 1381 to 1383f and comparable state supplemental payments, payments made for social services or any other public assistance benefit.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
35% of disposable wages or 45% of disposable wages if arrears are owed.

G4. What is the allowable fee per pay period for processing income withholding payments?
No fees are charged.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Generally, the first pay period following receipt of the withhold order. If the Income Witholding Order is a foreign order, it must be registered with the Tribal court for enforcement. Once the order is registered, it is enforceable 20 days after filing it in tribal court.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Generally, seven (7) days after service of notice, unless it must be registered for enforcement.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
(1st) Telephone call to employer, (2nd) Letter to employer (3rd) Court enforcement process or referral to other IV-D agency.

G8. What is the penalty to an employer for failure to remit payments withheld?
Could be liable for all amounts that should have been withheld and/or orher court sanctions.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
N/A - tribe does not issue unemployment benefits.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
UI garnishments must be submitted to the State CSSD.

G10. How does an obligor contest income withholding in your Tribe?
Written objection filed with tribal court.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Combining payments be adding together the withholding amounts required by each of the orders, but not to exceed an amount equal to the percentage of the obligors disposable earnings set out in CCTHITA Tribal Code.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
Upon termination.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Three years from the date of termination.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No in regard to the Tribe as an employer. Other state and IV-D programs must process Income Withholding Orders through the Tribal IV-D program. N/A as a financial institution, Bureau or other income payer.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Current child support is given priority.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Preponderance of evidence.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
Yes

H5.1. If yes, briefly explain?
The court may take judicial notice of a paternity that has been established by traditional custom or practice under certain circumstances.

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
Yes, the State of Alaska charges $30 to issue a new birth certificate and $55 for an amended birth certificate. The Tribe does not charge for searches, paternity documents, and data from the Tribal Child Support Unit. The Tribe does not have a Tribal bureau of vital statistics.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconferencing and videotpe.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
CCTHITA Code 06.01.020 and 06.01.030.

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
When initating state or tribe completes a certificate statement of arrears that include costs.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set for each child.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial process

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
CP income may be considered when there is shared physical custody.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
We will establish child support from the date of the application for services, or for cases with Tribal public assistance, we will establish arrears the first month Tribal public assistance was provided.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
Yes

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
No

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Establishment

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
Yes

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.
Court may require NCP to seek work, educational or vocational assistance or training. The court may also address social or physical barriers to employment through traninig, counseling, treatment or any other avenue deemed relevant by the court. The court may also order the NCP to perform services for the child, the child's family, or the community, participate in employment, educational and social services based support groups, intercept Federal/Tribal/State benefits, winnings or insurance payments, assess fines for failure to pay, suspend licenses issued by the Tribe.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
Foreign orders are registered with our CCTHITA Tribal Court and will be given full faith and credit under FFCCSOA Act as long as the issuing tribunal has complied with FFCCSOA provisions and the issuing tribunal had subject matter, personal jurisdiction and reasonalbe notice and opportunity to be heard was given to the parties. upon registration, notice is sent out to the parties and the parties have a 20 day period to file an objection. If an objection is filed, the court will hold a hearing. If no objection is filed, the order becomes fully enforceable 20 days from the filing date. Once registration is complete, the Tribal Child Support Unit enforces the order by submitting an Income Withholding Order to the court for signature or may refer the case to another state or tribal IV-D agency.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
The parties are given 20 days to object to the registration of the foreign order. If there is an objection, the court will hold a hearing on the objection.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Six months to one year.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Reviews can be at the request of CP, NCP or agency initiated in all cases.

K3. Briefly describe your Tribe's modification procedure.
Any party may petition the court for a modification order based upon a showing of facts that meet the criteria for a substantial change of circumstances.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
An increase or decrease of 15% or more, a change in placement of a child, or a substantial change of circumstances as determined by the court.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
No

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.
Child Support follows the child when there is a change in physical custody.

K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
All requests can be made through the Tribal IV-D program or the Alaska Bureau of Vital Statistics.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Two copies, including a certified copy of the original order, including one certified statement by the custodian of the records showing the amount of any arrearages, the supporting documents along with a motion requesting that the court recognize and enforce the foreign judgment. Also include a T#1 transmittal containing the names, addresses and contact information for the parties.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?
Yes

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
Sent specifically to cover the lump sum paymenet.

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Property Withholding Order

L6. What other documents does your Tribe use to attach lump sum payments?
T#1 request to CSSD to garnish non-custodial parent's Alaska Permanent Fund Dividend funds.

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?
100% up to the amount of the debt.

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
Yes


Cherokee Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
Cherokee Nation Office of Child Support Services consists of the following: Main Office - Tahlequah, OK (Cherokee Nation District/Cherokee County, Muskogee, McIntosh) Five Satellite Offices: Sallisaw, OK (Sequoyah County) Stilwell, OK (Adair County) Pryor, OK (Mayes County, Wagoner County) Jay, OK (Delaware County) Catoosa, OK (Craig, Nowata, Ottawa, Rogers, Tulsa, Washington County)

A2. With what types of agencies do you have cooperative agreements?
Oklahoma Department of Human Services - Office of Child Support Services

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
Cherokee Nation Tribal Codes Title 43 Chapter 5 Section 504

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
Eighteen (18)

D2. What is the statutory citation for the age of majority?
L.A. 12-05 Section 506 A-1

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18; unless the child(ren) are regularly attending public or private school; and, unless not graduated by age 19

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.
Provisional based on cirucmstance of child(ren) leaving the household of which he/she domiciled at the time of the child support order.

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Provisional based upon the plan of the child support order.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
Five (5) years

E2. What is your Tribe's statute of limitations for paternity establishment?
Two (2) years

E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
5%

F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Not for the full amount of the current support obligation but contingent on a percentage; non-cash payment is based upon Fair Market Value, must be agreed upon by CP and NCP and, must be approved by the Court in an established child support order.

F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?
None.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Order (IWO), Wage Assignment (W/A), Income Assignment (I/A)

G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Chickasaw Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
Two

A2. With what types of agencies do you have cooperative agreements?
One local IV-D Office, The Chickasaw Nation has an intergovernmental service and cooperation agreement with the State of Oklahoma-IV-D agency to utilize their computer program.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Not at this time.

A3.1. If yes, what is the statutory citation?
na

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
1. A person under the age of twenty (20) and not graduated from high school shall be considered a minor child provided the child is regularly attending public or private school. 2. A person under the age of eighteen (18) shall be considered a minor child.

D2. What is the statutory citation for the age of majority?
Title 6, Section 6-101.90 A 1-2, Title 6, Section 6-102.7 of the Chickasaw Nation Code,

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
Eighteen and a person under the age of twenty (20) not graduated from high school shall be considered a minor child provided the child is regularly attending public or private school. Title 6, Section 6-101.51(k.)

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.
N/A

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
No

D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Yes and No - If the order states it is done automatically, otherwise a modification is done. (See Title 6-102.6 number 17-g).

E1. What is your Tribe's statute of limitations for collection of past due support?
None

E2. What is your Tribe's statute of limitations for paternity establishment?
An action to establish paternity shall be available to a child at any time. Chickasaw Nation Code title 6-101.43.

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
N/A

F1. What guideline type or method does your Tribe use to calculate child support ?
Shared Income Model.

F2. Does your Tribe charge interest on missed arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Chickasaw Code Title 6, Section 6-101.55 Court ordered child support payments and judgments for support shall draw interest at the rate of two percent (2%) per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues.

F3. Does your Tribe charge interest on adjudicated arrears?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest accrues at two percent (2%).

F4. Does your Tribe allow non-cash payment for current support obligation?
No

F4.1. If yes, please describe types and procedures.
Not at this time.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Chickasaw Nation Code Title 6, Section 6-102.3

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Chickasaw Nation Code Title 6 6-101.73 cost incurred in a child support enforcement case in which a party is represented by CSS shall be recorded by the Court Clerk. The reasonable costs may be assessed by the court against the non prevailing party at the conclusion of the proceedings.

F7. What costs are recovered from fees charged to the obligor?
Filing fee.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
No.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
N/A

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Chickasaw Nation Code Title 6, Section 6-101.88.

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding.

G2. What specific sources of income are not subject to withholding?
Some Trust money accounts within the different tribes we work with are not subject to withholding, depends on the certain Tribe's code.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
N/A

G4. What is the allowable fee per pay period for processing income withholding payments?
$10.00

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Takes effect on the next payment of earnings.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within ten (10) days after the obligor is paid.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
We first send an employer demand letter. If that does not work a Small claims or civil suit is filed with the Court.

G8. What is the penalty to an employer for failure to remit payments withheld?
A judgment is taken against the employer.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
By requesting a hearing.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
We distribute equally among the two obligations by working with the employer.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Within 10 days of the date the obligor terminates employment.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Until all child support to all children is paid in full or until a termination of the IWO is received

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes,in cooperation with State of Oklahoma Department of Human Services

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Yes

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
The Current child support is paid in full first, and the employer is to withhold the insurance premium amount.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
N/A

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
09/01/1994

H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
If a child is born during the course of the marriage and is reared by the husband and wife as a member of their family without disputing the child's legitimacy for a period of at least (2) years, the presumption.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
Chickasaw Code Title 6 §6-101.6 B Common Law Marriage means a personal relationship arising out of tribal customs and traditions or from common law of a tribe, state or nation wherein the parties entered Marriage.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Tele-conference.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
Chickasaw Code Title 6§6101.89

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.
N/A

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
No

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Custodial parent's only.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In state courts.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
Yes

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Yes

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Establishment.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Establishment.

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
Not at this time.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
Yes/ Administrative-agreement with the State of Oklahoma.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
Annually.

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
The Tribe.

J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
N/A

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Contempt.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
Judgements are registered with the County Clerks of the NCP's residence. Contempt is utilized if NCP hubitualy refuses to pay.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
Contempt proceedings.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
Pursuant to cooperation agreement with the State of Oklahoma.

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
N/A

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every three years or upon request of the NCP, CP or State.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Upon request of the NCP, CP, or state.

K3. Briefly describe your Tribe's modification procedure.
Financial affidavits sent to parties. Once received back, computation is done. If no affidavits returned, file motion for parties to bring information.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
20% up or down deviation.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
No

K4.6. There has been a substantial change in child care expenses.
No

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
When an Order is not incompliance with the Child Support guidelines.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
N/A

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Birth Certificates: Vital Records Services, Oklahoma State Department of Health, 1000 N.E. 10th OKC, OK 73117 (405) 271-4040. Cost is $15.00 per certified copy. Please include self addresses, stamped envelope. Paternity Acknowledgments CSED-209 Affidavit Acknowledging Paternity: Tribal Child Support Services. P.O. Box 1809, Ada, OK.http://www.health.state.ok.us/program/vital/brec.html

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Enforcement: 1 certified copy of orders Registration and Record of Payment.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.
N/A

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
Yes

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
Sent specifically to cover the lump sum payment.

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?
N/A

L7.2. If no, what percentage is the employer required to withhold?
Up to 100%

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?
N/A


Chippewa Cree Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
Chippewa Cree Tribal Child Support Program (CCT CSP) is the only IV-D agency on the Rocky Boy's Indian Reservation

A2. With what types of agencies do you have cooperative agreements?
Montana Child Support Enforcement Division, Chippewa Cree Tribal TANF Program

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes.

A3.1. If yes, what is the statutory citation?
Chippewa Cree Tribal Child Support Policies and Procedures, Section III(b) Legal Representation.

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?
Montana Code Annotated, Chippewa Cree Law and Order Code
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
Termination of support is addressed in child support orders. Support shall be paid until the minor child(ren) reach the age of 18 or is otherwise emancipated, there is also language preserving the right to petition for post secondary support, provided that the right is exercised before support terminates when the child reaches the age of majority.

D3. Does the date of the order impact what law is applied?
Yes

D3.1. If yes, please explain.
The date of the order determines continuing exclusive jurisdiction.

D4. Does child support end if the child leaves the household but does not emancipate?
Child Support follows the Child. Change of payee form required.

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Post-Secondary education support or medical costs.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Generally no, unless the order clearly states the amount per child.

E1. What is your Tribe's statute of limitations for collection of past due support?
Ten (10) years.

E2. What is your Tribe's statute of limitations for paternity establishment?
When the child reaches the age of majority.

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
Chippewa Cree Tribe Child Support Calculation (percentage calculation)

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
In-Kind payments for up to 50% of child support obligation to be determined by Traditional Circle only.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Genetic Testing Fees if alleged father is not found to be biological father.

F7. What costs are recovered from fees charged to the obligor?
Genetic Testing Fees if alleged father is found to be biological father.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
No

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Contact Tribe.

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
We will not establish or modify spousal maintenance orders however we will enforce them if they are accompanied or incorporated into a child support order.

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding, wage garnishment

G2. What specific sources of income are not subject to withholding?
Training stipends, general assistance, temporary assistance to needy families, vocational rehabilitation training.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
No fee

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Within 5 days after receipt

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
5 days after pay period unless arrangement is made with employer.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
See Law & Order Code.

G8. What is the penalty to an employer for failure to remit payments withheld?
See Law & Order Code.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
The Tribe does not issue unemployment.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
By requesting a meeting with Caseworker and/or Director

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
If obligor has ability to pay all support claims then it is equally distributed, if the obligor does not have the ability to pay the whole support amount then it is pro-rated based upon support order amount and number of children.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Within 5 days.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
The IWO should be kept until a new IWO is issued or notice is received from CCT CSP

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No, the Tribe prefer's that any income withholding actions come through our office as an IST.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
We do not collect medical support.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
Generally no, unless the judge decides to hear their issues. Usually the judge will inform them to schedule a different hearing.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
The Tribe does not have a Vital Statistics bureau

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
It is a marriage formed without a license and solemnization. The Montana Supreme Court has set out the elements for creating a valid common law marriage. First, the parties must be competent to enter into a marriage. Second, the parties entered into the marital arrangement by mutual consent and agreement. And finally third, the parties confirmed their marriage by cohabitation and public repute.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconferencing, written.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
The NCP is the only person whose income is considered.

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No, the order follows the child.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Generally no, unless the judge requests it.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
N/A

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
N/A

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
No

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every three years

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Automatically on every case every three years.

K3. Briefly describe your Tribe's modification procedure.
Caseworker will send out an Employment Verification for NCP to employer, if employed. If unemployed, Caseworker will send out Employment Verification to all Reservation employers.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
1) Either party may request a modification with a notarized affidavit explaining circumstances. 2) It has been at least three (3) years since the order was established or modified. 3) There has been a substantial material change in circumstances (minimum of 10% financial change, SSD, and/or layoff)

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Non-custodial parent becomes disabled.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Contact Montana Dept of Public Health and Human Services, Office of Vital Records.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Coeur D'Alene Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 or if still in high school, when child graduates

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If the child is still in high school when the age of majority is reached

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Comanche Nation of Oklahoma


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
The Comanche Nation Child Support Program currently has MOU's with the Kiowa Tribe of Oklahoma and the Apache Tribe of Oklahoma.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Confederated Tribes of Salish and Kootenai


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Confederated Tribes of the Colville Reservation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Confederated Tribes of the Umatilla Indian Reservation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?
N/A

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes.

A3.1. If yes, what is the statutory citation?
Family Law Code (FLC) 8.02(B)(2), 10.17(C), 10.18.
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?
FLC 11.02.

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18, but see FLC Section 8.17 Postsecondary Educational Support Awards.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No.

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
FLC Section 8.17, Postsecondary Educational Support Awards

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
FLC 10.40(B) states "In a proceeding for arrearages, the statue of limitation under the laws of this tribe or nation or of the issuing tribe or nation, whichever is long, applies."

E2. What is your Tribe's statute of limitations for paternity establishment?
FLC 9.32, 9.33

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
The basic child supprt obligation derived from the State of Oregon's child support guidelines scale with standards for deviation from the standard calculation.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
See FLC 8.15.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
FLC 8.03.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?
See FLC 10.23(B), (C)

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
No.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
FLC 10.04(A)

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Parties may petition the court for spousal support but this is not a service provided by CTUIR OCSE.

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No. Income and resources shall be disclosed but shall not be included in gross income. FLC 8.14(D)(1). Income and resources of any other person shall not be included in calculating the basic support obligation. FLC 8.14(A).

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Order (IWO), wage assignment, garnishment.

G2. What specific sources of income are not subject to withholding?
Income of a new spouse or income of other adults in the household; child support received from other relationships; gifts and prizes; TANF, SSI, General Assistance and Food Stamps.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
Neither parent's total child support obligation may exceed forty-five percent of net income except for good cause shown. FLC 8.13(A), (B).

G4. What is the allowable fee per pay period for processing income withholding payments?
The employer may deduct a processing fee from the remainder of the employee's emarning after withholding under the wage assignment order. The fees may not exceed $10 for the first disbursement made by the employer to CTUIR OCSE and $1 for each subsequent disbursement. FLC 8.10(D).

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Immediately. FLC 8.10(B).

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Five working days of each regular pay interval. FLC 8.10(B).

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
The employer may be held liable to the obligee for 100% of the support, or the amount of support that should have been withheld from the employee's earnings, whichever is the lesser under certain condititions. See FLC 8.10(F).

G8. What is the penalty to an employer for failure to remit payments withheld?
See above.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
N/A

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
In a court hearing. See FLC 8.12.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Equally.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
N/A

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
One year. FLC 8.10(C)(2).

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Current child support is prioritized.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Household income is considered.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
From date services requested.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
CTUIR does not have Tribal TANF.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
See above.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Establishment.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
See above.

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
No

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
NA

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
NA

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial.

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
See FLC Section 10

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
See FLC Section 10

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
At parties request or every two years based upon changes in the income of th parties without a showing of a substantially changed circumstances.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Either party may initiate the adjustment by filing a motion and child support worksheet. FLC 8.05G.

K3. Briefly describe your Tribe's modification procedure.
See FLC 8.05G(2) - (4)

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
30%

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
See FLC Sections 10 and 11

L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Delaware Tribe of Indians


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State (Oklahoma and Kansas)

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
Delaware Tribe of Indians Child Support Enforcement Code

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
Eighteen

D2. What is the statutory citation for the age of majority?
Delaware Tribe of Indians Child Support Enforcement Code

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
Eighteen

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
no

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If so stipulated in the court order

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
Yes

D6.1. If yes, please describe the procedure.
If the support was a "per child" order then the child that reaches majority would automatically have support terminated. A per month order would have to modified by court order.

E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Eastern Band of Cherokee Indians


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
Two

A2. With what types of agencies do you have cooperative agreements?
State of North Carolina, Tribal Court,Local county DSS

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If the child has turned age 18 but is still in school and making satisfactory progress child support may continue to age 20.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
No

E2. What is your Tribe's statute of limitations for paternity establishment?
18

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
As long as there is a legal obligation.

F1. What guideline type or method does your Tribe use to calculate child support ?
income share model

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
No

F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
If we intervene in and order that medical is ordered we would enforce.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
No

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
110.2

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Only if it is in a child support order that we have intervened in.

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Wage withholding

G2. What specific sources of income are not subject to withholding?
Per Capita

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
$2.00

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Next pay cycle after receiving notice

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
7 business days

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Appear and show cause motion.

G8. What is the penalty to an employer for failure to remit payments withheld?
Whatever court rules

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
no

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Court action

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
50% of wages to all cases

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
within 20 daysd

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
no more than 30 days

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
yes

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
yes

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
child support first than medical

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
01/18/1985

H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
No

H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
teleconferencing

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set for all children.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Client and ncp's only.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
3 years prior

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
yes

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
yes

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
establishment

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
establishment

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
no

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
yes administrative

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
When action is initated

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
no

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
Tribe

J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.
Garnishment of per capita gaming bonus.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
Innoris Data and Experian

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
initiating only

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
More than $50 behind in obligation

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
3 years or less if substantial change in circumstances of child.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Request of either party and automatically in TANF cases

K3. Briefly describe your Tribe's modification procedure.
Notice sent to all parties requesting current information. 30 day time placed on request to answer.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
15% from present order and 3 years old.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Request can be made to local office or NC Vital Records. No charge in local office but $10.00 charge from Vital Records

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Transmittal with request asking for. certified copy of order and arrears.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Eastern Shoshone


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State of Wyoming - tax intercept, case transfers.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
Eighteen (18).

D2. What is the statutory citation for the age of majority?
Tribal Law & Order Code.

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18.

D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Forest County Potawatomi Community


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
WI Bureau of Child Support

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes-in Policy

A3.1. If yes, what is the statutory citation?

For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years of age.

D2. What is the statutory citation for the age of majority?
Forest County Potawatomi Tribal Child Support Ordinance
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
No. Order must be obtained before support is terminated

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
Dependent on circumstances

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If it is the best interests of the child

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?

For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
Child is older than 18 years of age
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
Percentage of income.

F2. Does your Tribe charge interest on missed arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
12% annually.

F3. Does your Tribe charge interest on adjudicated arrears?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
12% annually

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
We will establish a medical support order if child has no available health insurance. We do not enforce state medical orders if child is eligible for IHS or other qualified medical plans, including Medicaid. Court will order parents to pay any uninsured costs
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Genetic testing, service fees, guardian ad litem and vital record amendment costs.

F7. What costs are recovered from fees charged to the obligor?
Genetic testing, service fees and vital record amendment costs. (Generally these are split between the parties)

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes-if all documentation is provided to the Tribal IV-D on the debt and are directly related to a child support obligation. Tribal law only allows interception of tribal per capia for child support or debts owed to the Tribe

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.

For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
We will enforce if it is a family support order and child support is part of that order. Spousal maintenance only orders are not eligible for interception of per capita unless the payor voluntarily agrees with the deduction

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding.

G2. What specific sources of income are not subject to withholding?
Certain Social security disability and veterans benefits as dictated under federal law.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
50% of an NCP's gross income.

G4. What is the allowable fee per pay period for processing income withholding payments?
0

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
By the next payroll date.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Same day as the payroll

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
They are liable for all child support that accumulated as a result of their failing to withhold.

G8. What is the penalty to an employer for failure to remit payments withheld?
They are liable for all child support that accumulated as a result of their failing to withhold.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Tribe does not have access to UI

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Filing a written notice to the Tribal Court objecting to withholding. This must be done within 20 days of receipt of notice of withholding

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Pro-rated.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Date of termination.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No. All requests for registration and enforcement must be sent to the Tribal IV-D agency who will take all legal steps to register the order with the Tribal Court

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Child support would be paid first if the Tribal Court had chosen to establish a medical support order.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
Yes

H1.1. If yes, please explain.
We establish custody and visitation at the final hearing.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Evidence presented to Tribal Court. If satisfied the Judge may order genetic testing and the case re-opened.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
To date the Court has allowed written and telephonic communications in certain cases

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.

For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
The other jurisdiction must provide us with proof of debt and it is incorporated into a child support order.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One for each child.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
None

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
No

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
Not available to Tribe

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial.

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
Requesting jurisdiction must supply us with all documentation-same documents required under UIFSA. FCPC-TCSA will file a Motion to register with court and send a 20 day letter to the parties to object to the registration. If no objection is received and the Tribal Court signed the Order for registration when an income withholding order will be sent to the employer. Copies of above are also sent to the requesting jurisdiction

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
See above answer.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
33 months

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Upon request of either party

K3. Briefly describe your Tribe's modification procedure.
Attempt to reach a stipulation if modification is appropriate. If attempts fail the Tribal Court will hear the matter.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Substantial change in circumstances

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?

For Additional Information - exit disclaimer

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Contact the State of WI bureau of vital statistics.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Same documentation required under UIFSA.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.

For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Fort Belknap Indian Community


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Ho-Chunk Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
one

A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
If medical support is requested at the time of the petition then the court will address the issue.
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Cost can be recovered from wages only. They cannot be recovered from per capita disbursements. Only current support and current support arrears may be recovered from per capita disbursements.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
IWO, income withholding. However, and order must specify if the income withholding is from wages or per capita payments. The two are treated as two different income sources.

G2. What specific sources of income are not subject to withholding?
Per capita disbursements can only be used to pay for current support and/or current support arrears.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
The limit for deduction from per capita payments is 60%.

G4. What is the allowable fee per pay period for processing income withholding payments?
The CSA does not charge a fee. However a person can sign a voluntary wage withholding and they are charged a fee of $1.00 per withholding.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
All IWO must be process by the CSA. We file with our courts to register them and obtain a tribal court order. With the tribal order we submit the federal IWO with the Tribal seal. The treasury has 5 business days to implement the withholding if from wages. The income withholding from per cap is done on a quarterly basis.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
An obligor will receive a notice of intent to register the foreign order. They have 20 days to object. If they respond in writing objecting to the registration then a hearing is scheduled.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Kaw Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State of Oklahoma, Tonkawa Tribe of Oklahoma, Iowas of Oklahoma, Otoe-Missouria Tribe.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes.

A3.1. If yes, what is the statutory citation?

For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?

For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 years old. If a child is regularly enrolled and attending high school or an alternative high school program as a full time student, the child shall be entitled to support by the parents until the child graduates from high school, is emancipated, or reaches the age of twenty (20) years, whichever occurs first.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No.

D4.1. Optional comments regarding emancipation.
Not without a court order.

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Court uses best interest analysis.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Unless the order specifically states a deduction a modification is required.

E1. What is your Tribe's statute of limitations for collection of past due support?
None.
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
Age of majority for the child.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
All child support shall be computed as a percentage of the combined gross income of both parents.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
The court may allow a portion of the child support obligation to be paid with non-cash support, if the obligee agrees to the use of a non-cash payment being used, and the child support order states: 1)The specific dollar amount of the support obligation; and 2)The type and amount of non-cash support that will be permitted to satisfy the child support obligation.

F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Except on intergovernmental cases.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?
N/A

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.

For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Assignment.

G2. What specific sources of income are not subject to withholding?
Restricted IIM Accounts.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
$5.00

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The next pay period of the obligor after the employer receives notice.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven (7) business days after the date upon which the obligor is paid.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?
If the employers fails to withhold in accordance with the provisions of the income assignment order, the employer will be liable for the accumulated amount the employer should have withheld and paid from the obligor's income.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Court process.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Prorate according to date of order.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Ten (10) days of the date when the obligor terminates employment.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes we currently use the state's disbursement unit.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Yes.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Child support holds a higher priority.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
Unless ordered by the court via a separate action consolidated into one order.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
By disestablishment and simultaneously establishing paternity for the actual father.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
If a marriage is recognized as common-law in other jurisdictions the Kaw Nation gives recognition.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconferencing.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.

For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
If requested to do so.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
A separate packet should be sent.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
The CP's.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Date of separation. 5 years retroactive.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification.

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
No.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
Yes.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
Tribe.

J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.
Income Withholding, Liens, Levies.

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Contempt.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
Must register with the court.

J11. Describe your Tribe's registration and enforcement procedures.
Intergovernmental orders must be registered in our court.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
N/A

J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
Both.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
Only cases with arrearages.

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
3 years unless otherwise requested.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Request of the parties. Or per statute. Every three years.

K3. Briefly describe your Tribe's modification procedure.
Permanent and substantial change of circumstances in either parties income.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
15% from present order.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Best interest.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Referral to the Department of Vital Statistics.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Certified copy of the order and location information.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Notice of Lien/Levy.

L6. What other documents does your Tribe use to attach lump sum payments?
Court order.

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Keweenaw Bay Indian Community


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
Service Agreement with the State of MI regarding identification of child support cases for possible transfer to Tribe. Memorandum of Understanding with the State of Michigan in progress.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?
N/A

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
Age 18

D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
KBIC Tribal Codes Chapter 7.4 §7.401(1): age of emancipation shall mean for the purposes of this Chapter, a person who has reached the age of eighteen (18) years of age; or a person who had reached the age of nineteen (19) years and six (6) months of age if enrolled and attending high school full time even if with residing with the custodial party; and who had not become emancipated by order of the court.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No  it can be re-directed to the new care-taker.

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
No

D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Not unless the order specifies it when it is established. Generally a modification would be needed.

E1. What is your Tribe's statute of limitations for collection of past due support?
No limitation.

E2. What is your Tribe's statute of limitations for paternity establishment?
Age 18 when established through the IV-D agency. No limitation for private cases for enrollment purposes.

E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
Shared Income Model

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Chapter 7.4 §7.405(D) Limited or short-term non-cash support may be permitted to satisfy support obligations on a case-by-case basis when all the following criteria is met: 1.Obligor has no means or resources to make cash payments; and 2.Obligor and Obligee agree to the terms of the non-cash support; and 3.The non-cash support has a specific dollar value identified; and 4.The Court approves the type and terms of the non-cash support obligation.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
The Court may order either or both parties to cover the child on available health insurance and/or to pay for a portion of uncovered medical, dental and optical expenditures.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Genetic Tests

F7. What costs are recovered from fees charged to the obligor?
Genetic Tests, Service of Process Fees, Filing Fees.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes if all appropriate documentation is provided concerning the validity of the debt.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
Genetic Tests

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
Yes

F13. Optional comments regarding required information on spouse or partner.
None.

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Order (IWO)

G2. What specific sources of income are not subject to withholding?
Public Assistance and Social Security Disability as dictated under federal laws.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
None.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than seven (7) days after the receipt of notice.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven (7) days after the day the employer normally is obligated to make payment to the Obligor, the employer must send the amount withheld to the OCSS.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
The Court shall have the authority to find a person guilty of contempt who fails to withhold in accordance with the provision of the income withholding order.

G8. What is the penalty to an employer for failure to remit payments withheld?
The person or entity may be held liable for the amount indebted.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
We do not have access to Unemployment Insurance without state assistance.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
None.

G10. How does an obligor contest income withholding in your Tribe?
An Obligor may contest an income withholding based on mistake of fact in the calculation of the amount or the identity of the Obligor by filing a written notice with the Court within 20 days.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Withholding for current support has priority over past due support. Where two or more orders for current support exist, each family shall receive a pro rata share for the total amount withheld based on the respective child support orders being enforced.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?
We have no statutory requirement. However, since we use the federal IWO form, it states an employer must notify the Tribe promptly.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Thats up to the employer.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
Yes

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Current support is always paid first.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
Yes

H1.1. If yes, please explain.
Based on both Tribal and State law, an unwed mother has full legal and physical custody of a minor child unless otherwise ordered by a court. Therefore a determination of custody is established first to identify who the Obligor/Obligee is. Standard language in orders usually indicates visitation set upon reasonable notice and agreement by both parties with the best interest of the child the most important factor.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
The presumption of legitimacy of a child born during wedlock is overcome if the court finds that, based upon all the evidence submitted in the action, the husband is not the father of the child. Most often genetic testing is ordered.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
Our Tribe does not have its own Bureau of Vital Statistics.

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Determined by the Court based on the circumstances in the individual case.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
Keweenaw Bay Indian Community Tribal Code.

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
The other jurisdiction must provide documentation of debt and a request for assistance.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
A separate packet for each child should be sent.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Quasi-Judicial and Judicial.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
CP; possibly the new spouse but rarely.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
From time of filing and/or from date of childs birth but not more than 5 years.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
Yes

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Yes

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
Yes.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
They are only available via assistance with the State.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
The language is noted in the original order that this is a potential enforcement action.

J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial.

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.
The Court may order an NCP to do a work search, seek assistance with education, employment, parenting or AODA with other Tribal or State programs and to report back to the OCSS and/or Tribal Court with compliance information.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
A Child Support Transmittal #1 must be sent along with a certified copy of all relevant orders to the Office of Child Support Services (OCSS). The OCSS will open a case and file the appropriate documents with the Tribal Court to request the order be registered as a foreign order for enforcement purposes. All parties are provided with copies of resulting court orders.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
After registration, in addition to an IWO, if requested, the OCSS will enforce the order using appropriate and available enforcement tools.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
Only if it is available through assistance for enforcement with the state.

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
Initiating.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every three years or by request of either party if there has been a substantial change in circumstances.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Every three years or by request of either party if there has been a substantial change in circumstances

K3. Briefly describe your Tribe's modification procedure.
OCSS conducts a review of the case to determine if there has been a substantial change in circumstances. If yes a Motion for Modification is filed. If no, modification not done. However, in either circumstance both parties are notified of the outcome of the review.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
A change in the Obligors or Obligees income that would result in an increase/decrease of ten percent or more in the amount of the current support amount; A change in the Obligors earning capacity; a change in the physical placement of the child; a change in the needs of the child; any other factor that the Court determines is relevant.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
N/A

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.
If the Obligor proves that the child lived with the Obligor, with the agreement of the Obligee, for more than sixty (60) days beyond a court ordered period of physical custody as long as the Obligee has not sought to enforce the physical custody order through civil or criminal process.

K5.2. What is the statutory cite for your abatement law?
Chapter 7.4 §7.421(C)

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Contact the State of Michigan.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Same documentation as required under FFCCSOA and UIFSA.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
If known in advance, the order may address the lump sum; or a petition can be filed requesting an order to withhold a lump sum.

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?
Up to 65%

L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?



Kickapoo Tribe in Kansas


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State of Kansas

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?
N/A

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years old.

D2. What is the statutory citation for the age of majority?
Kickapoo Nation Tribal Code Title 6 Section 1116.

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 years-Court order to terminate is also required

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No Kickapoo Nation Tribal Code Title 6 Section 1116

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
No

D5.1. If yes, please explain.
Kickapoo Child Support Ordinance Section 15 (2) May use Kansas law. See KSA 60-1610 Support may continue after 18 if child continues to attend high school. There is no provision to continue support due to handicap or college

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Court Order is necessary.

E1. What is your Tribe's statute of limitations for collection of past due support?
None, but Kickapoo Child Support Ordinance may be interpreted to apply Ks. Statute of Limitations on past-due support.

E2. What is your Tribe's statute of limitations for paternity establishment?
None established

E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
It could be incorporated through Ks. Statute of Limitations and dormancy/revival. Issue has yet to be addressed.

F1. What guideline type or method does your Tribe use to calculate child support ?
State of Kansas Statutes and Administrative support guidelines.

F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Is not addressed in Tribal Code, Kickapoo Child Support Ordinance, but Kansas law can be used through CS Ordinance Section 15 (1)(2).

F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Not yet addressed by Tribe or Court

F4. Does your Tribe allow non-cash payment for current support obligation?
No

F4.1. If yes, please describe types and procedures.
N/A

F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Court discretion.Not addressed by Tribal Codes or CS Ordinances. However, Kansas statutes could be used through Kickapoo CS Ordinance Section 15 (2). No yet addressed.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Vital Records, Genetic testing, Service fees.

F7. What costs are recovered from fees charged to the obligor?
N/A

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
yes.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
N/A

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Definition of jurisdiction contained in Kickapo Tribal Child Support Ordinance

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Enforce Only.

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Order.

G2. What specific sources of income are not subject to withholding?
Has never been addressed.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
50% of monthly gross income.

G4. What is the allowable fee per pay period for processing income withholding payments?
Kansas statutes provide $5 per pay period or $10 per month, whichever is less.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The next payment of income after 14 days following service of IWO. Based on Kansas statutes.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Immediately following deduction.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Using Kansas statutes, possible contempt and employer is responsible to pay all amounts not withheld

G8. What is the penalty to an employer for failure to remit payments withheld?
Using Kansas statutes, possible contempt and employer is responsible to pay all amounts not withheld.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Has never been addressed.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
Obligors are notified via regular and certified mail of their right to contest in writing within 20 days.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Prorate

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Immediately.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Not required. Kickapoo CS will issue a new IWO.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Has never been addressed, but assume child support would be priority.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
Yes

H1.1. If yes, please explain.
No. Can be raised by motion to court by parents after determination of paternity.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
No

H3.1. If yes, how is the presumption rebutted?
There is no tribal code which addresses this issue. Motion in the Court of original jurisdiction

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
Marriage must be recorded in writing by both parties within 3 months with Clerk of Tribal District Court and a copy of writing delivered to BIA.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconference upon Court's approval

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
Definition of jurisdiction in Kickapoo Tribal Child Support Ordinance set forth in Section 5.

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Upon request.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set for both children is acceptable.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial process within tribal court.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Income of only NCP and CP are considered.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Court optional Support from birth and date of separation have been allowed and is at the discretion of the court.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
Yes.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Yes.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
It could be either.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
No.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
NO.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
N/A

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
N/A

J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Per Capita Payments

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Citation in Contempt

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
Letter requesting registration/enforcement 2 copies of order (1 certified) Sworn statement of arrears Verified address and personal data on obligor

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
Kickapoo Child Support will file Motion and Order to Register; Tribal Court Clerk sets for hearing and gives notice to obligor of the registration and allowing 20 days to object

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every 3 years and upon request of either party.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Upon request of either party.

K3. Briefly describe your Tribe's modification procedure.
If an agreed modification cannot be reached, motion is filed with Tribal Court and hearing is held.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Court discretion-substantial change in circumstances

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
No

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Change in the age of the child, or emancipation of other children NCP is supporting, etc.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
Has never been addressed.

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Kansas Dept of Health and Environment Vital Statistics $12 for certified copy

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Letter requesting registration/enforcement 2 copies of order (1 certified) Sworn statement of arrears Verified address and personal data on obligor

L1. Does your Tribe define a lump sum payment?
Yes

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
Definition of lump sum is set forth in Kansas statutes. Kickapoo CS Ordinance Section 15 may be employed to use Kansas law. Definition as set forth in Ks. Statutes at K.S.A. 23-4,106 to include wages, salary, trust, royalty, commission, bonus, compensation as independent contractor, annuity and retirement benefits, workers compensation and other periodic payments, etc.

L1.2. Provide the statutory citation.
K.S.A. 23-4106

L2. Does your Tribal law require employers to report lump sum payments?
Yes

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
Through incorporation of Kansas statutes.

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
Yes

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
Yes

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
Notice to employer contains order to withhold from lump sum payments.

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Order to Withhold Income for Child Support (federal IWO form).

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?
50% of gross.

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
Yes.


Kickapoo of Oklahoma


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Klamath Tribes


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
There is currently only one IV-D operating office in the Klamath Tribes.

A2. With what types of agencies do you have cooperative agreements?
Currently the Klamath Tribes Child Support Enforcement does not have formal cooperative agreements. However, KTCSE is working with the State of Oregon on a Memorandum of Understanding re: Jurisdiction; Locator Services; Referral Process; and Case transfer processes.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Our Klamath Tribal Code Title 4 chapter 29 refers to the operation of an IV-D program. KTC Title 4 chapter 29 does not set forth a relationship with the Tribal attorney.

A3.1. If yes, what is the statutory citation?
N/A as we have no statute for this.

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 are the age of majority pursuant to Klamath Tribal Code title 4 chapter 29.04 (e).

D2. What is the statutory citation for the age of majority?
Klamath Tribal Code Title 4 chapter 29.04(e).

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
Pursuant to Klamath Tribal Code Title 4 chapter 29.53(e) A child support order automatically terminates when a child reaches eighteen years of age.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
Pursuant to KTC title 4 Chapter 29.53 there is no modification rule if the child leaves the home. However, if the child goes to live with a different party that party would then be considered the custodial party and a support order would start with them.

D4.1. Optional comments regarding emancipation.
N/A

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
KTC Title 4 Chapter 29.53(e) provides that the order may provide that continued support is necessary to assist the child through completion of high school.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
N/A

E1. What is your Tribe's statute of limitations for collection of past due support?
We currently have no Statute of Limitations to address this issue.

E2. What is your Tribe's statute of limitations for paternity establishment?
We currently have no Statute of Limitations to address this issue.

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Upon the motion of a party a renewal is possible, until such time when the child turns 18.

F1. What guideline type or method does your Tribe use to calculate child support ?
Our child support guidelines our set pursuant to KTC Title 4 chapter 29.36-29.45.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Non-Cash payments maybe submitted with the approval of all parties in the way of clothing, wood, and child care.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
KTC Title 4 chapter 29.43.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
We recover the costs of paternity establishment.

F7. What costs are recovered from fees charged to the obligor?
We recover any costs for paternity establishment.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
KTCSE gives FFCCSOA of initiating jurisdictions support orders. Providing the jurisdiction requests those services and they are a normal procedure in the initiating jurisdiction; KTCSE will recover.

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
KTCSE does not have a long-arm statute however KTCSE relies on FFCCSOA.

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
N/A

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
N/A

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Pursuant to KTC Title 4 Chapter 29.46 we refer to income withholding as income withholding.

G2. What specific sources of income are not subject to withholding?
KTC Title 4 Chapter 29.47 the Exceptions to Income Withholding Requirement there is not a provision in which the tribe will not withhold from specific sources.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
N/A

G4. What is the allowable fee per pay period for processing income withholding payments?
KTCSE does not allow for an employer to charge a fee for income withholding.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
KTC does not have a specific timeline outlined in the Klamath Tribal Code.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
KTC does not have a specific timeline outlined in the Klamath Tribal Code.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Pursuant to KTC Title 4 Chapter 29.49(b) An employer that fails to withhold will be liable for the accumulated amount employer should have withheld from the noncustodial parent.

G8. What is the penalty to an employer for failure to remit payments withheld?
As outlined above.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
We currently access UI through the state, so there is no process in the Klamath tribal ordinance.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
Pursuant to KTC Title 4 Chapter 29.47 a parent must submit good cause as to why income withholding should not be processed.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
KTC Title 4 Chapter 29.51 KTCSE shall allocate withheld amounts across multiple withholding orders to ensure that in no case shall allocation result in a withholding for one of the support obligations not being implemented.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
Pursuant to KTC title 4 chapter 29.48 an employer must notify KTCSE promptly.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
No provision

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
KTCSE does not have a provision allocating between medical and child support amounts.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
N/A

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
04/24/2008

H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
KTC Title 4 Chapter 29.29 allows for an acknowledged father to reopen the issue of paternity.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
Yes

H5.1. If yes, briefly explain?
By a paternity affidavit submitted to enrollment.

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
A party may make a request to appear by teleconference.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
N/A

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Pursuant to KTCSE Rules and Procedures 5.07 KTCSE may seek reimbursement for parentage test costs.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Yes. We require one affidavit for each child.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
KTCSE is Quasi Judicial Process and as such uses both administrative and judicial means of enforcing support.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
The CP and NCPs income are combined for a gross support amount.

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
There is no provision in the ordinance for this.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No. KTC Title 4 Chapter 29.04 (h) Custody is defined as a parent who has the care, physical custody and control of a child or children.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No. KTC Title 4 Chapter 49.04(I) Custodian means any person who is not a parent, having the care, physical custody and control of a child.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Yes. The other tribe should request a modification as KTCSE would be the initiating tribunal.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
No.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
N/A

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
N/A

J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
TCSE uses both judicial and administrative methods of withholding.

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
KTCSE has contempt of court procedures under Klamath Tribal Code Title 2 chapter 11.26.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
Another tribe or court shall present a letter of transmittal to KTCSE requesting registration along with 2 copies of all orders to be registered, including any modifications, a sworn statement by the party seeking registration or certified statement, the partys information including employment information, along with a $ 25.00 registration fee.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
N/A

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
N/A

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Pursuant to KTC Title 4 Chapter 29.53, substantial change of circumstances, emancipation and death marriage, compliant with support guidelines or once every year if no substantial change.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Pursuant to KTC Title 4 Chapter 29.53 any party to the proceeding including TANF and KTCSE can initiate a review of the case.

K3. Briefly describe your Tribe's modification procedure.
A modification needs to be requested in writing on a Request for modification form. The requesting party shall serve the request upon all parties to the proceeding including the obligor, the obligee, the party holding the support rights and the Manager of KTCSE. If no objections and request for hearing have been served upon the moving party or the Manager within 30 days. The Manager shall issue an order granting the modification request.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
KTCSE enters modifications no matter the size of the adjustment.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
No

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
All listed above.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
N/A

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
KTCSE does not have a cost of processing copies. For birth records you would have to contact the state vital statistics. For paternity acknowledgements you would need to contact KTCSE.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
See response K3.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.
N/A

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
N/A

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?
N/A

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?
N/A


Lac Courte Oreilles


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One.

A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes.

A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18, under most circumstances.

D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Only when certain medical conditions are factored.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Cases are reviewed to determine if a modification is appropriate.

E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is not charged on custodial arrears. Interest may be charged if arrears are owed to another agency for substitute care.

F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Only when very specific case factors are met.

F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding.

G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Employer Contempt/Show Cause.

G8. What is the penalty to an employer for failure to remit payments withheld?
Varies.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Lac Du Flambeau Band Of Lake Superior Chippewa Indians


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One.

A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
Yes

D1. What is the age of majority in your Tribe?
18, unless pursuing high school diploma. As soon as child graduates with diploma support is stopped.

D2. What is the statutory citation for the age of majority?
18

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No.

D4.1. Optional comments regarding emancipation.
Sometimes we don't know if child leaves household or child leaves then it is usually in foster care or kinship care.

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
No

D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
Support is collected until debt is paid, the custodial parent forgives the debt or one of the parties is deceased.

E2. What is your Tribe's statute of limitations for paternity establishment?
18.

E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
State of Wisconsin guidlines.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
If the parties agree, the non-custodial parent can provide deer meat or wildrice or some other food at an amount that will suffice for current support. A parent has the liberty to supply wood for the household or any other form of help to the household that the parties can agree on that is acceptable to the court order.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
The Tribe collects paper service fees and paternity testing for the parties.

F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
The Tribe collects costs on what is asked for by the initiating jusisdiction.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
State of Wisconsin guidlines were adopted by the Tribe and incorporated them as our guide.

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
Yes, it is hard to work the case without all information.

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
State of Wisconsin guidelines.

G2. What specific sources of income are not subject to withholding?
Recently the per capita payments have been withheld from any withholding.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
AS soon as possible, but if between pay periods the collection won't happen until next pay period.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
No specific date, but the Tribe gets paid on a bi-weekly basis.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
The case will need to be brought to court to determine the sanction as followed by the State of Wisconsin guidelines.

G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
yes.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
File an objection with the Tribal Court.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Prorate available amount across the orders.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
As soon as the termination is effective.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
Yes

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Seperate packet for each child.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial process unless the parties stipulate to the support amount and are not on state aid.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Leech Lake Band of Ojibwe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
one

A2. With what types of agencies do you have cooperative agreements?
State of Minnesota

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
yes

A3.1. If yes, what is the statutory citation?
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 10.

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 1.

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 unless the individual is still attending secondary school then it is age 20. The tribal code also states that child support will not end if, by reason of physical or mental condition, an individual is incapable of self support.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
no

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Child Support can be paid to age 20 if the individual is still attending secondary school. The tribal code also states that child support will not end if, by reason of physical or mental condition, an individual is incapable of self support. See Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C subdivision 1(d).

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
an unsatisfied judgment continues in effect for seven years and can be renewed upon a timely request by any party

E2. What is your Tribe's statute of limitations for paternity establishment?
one year after the child reaches the age of majority

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
combined parental income

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Only 50% of the child support order may be met by non-cash payment. The code allows any type of noncash payment that the parties agree upon and the court approves. A specific dollar amount reflecting the value of the non-cash payment must be stated in the Court order.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 29.

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
n/a

F7. What costs are recovered from fees charged to the obligor?
n/a

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
only if it is included in the initiating jurisdiction's court order

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 4.

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Spousal Maintenance is included in the definition of "support order". See Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 1(ee)(3).

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
no

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding

G2. What specific sources of income are not subject to withholding?
none listed

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
We do not charge a fee.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
no later than the first pay period that occurs after 14 days following the date of the receipt of the order

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
within 7 business days of the date the obligor is paid

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
contempt actions

G8. What is the penalty to an employer for failure to remit payments withheld?
The employer is liable for any amounts required to be withheld that were not paid. In addition, the Court may impose a fine not to exceed $500 or may impose other contempt sancitons allowed under tribal law.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
yes

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
An obligor can contest only upon the basis of mistake of fact.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
equal

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
within 10 days

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
indefinite

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
no

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
employers

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
current support is paid first

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10A Section 12(2)(a) states when paternity is established under the parentage act, the father's rights of parenting time or custody are determined.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
11/24/2010

H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
No

H3.1. If yes, how is the presumption rebutted?
it can be rebutted only by clear and convincing evidence

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
no

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10A Section 3.

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Only if it is part of the Court's Order in that other jurisdiction

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
one set of documents

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
both parents income are considered

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
yes

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
yes

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
modification

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
modification

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
no

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
no

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
n/a

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
no

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
judicial

J8. Please describe any other administrative enforcement procedures your Tribe may have.
can seek assistance from state child support enforcement program to suspend occupational or driver's license or impose a motor vehicle lien,

J9. Please describe any other judicial enforcement procedures your Tribe may have.
seek employment order, recreational license suspension, suspension of motor vehicle license plates and registration tabs,

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
n/a

J11. Describe your Tribe's registration and enforcement procedures.
File a certified copy of foreign order with Tribal Court. See Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 56.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
No additional judicial procedures required unless a party objects to the enforcement or a modification is entered.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
no

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
n/a

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
every year

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
automatically in all cases

K3. Briefly describe your Tribe's modification procedure.
standard motion procedure filed by any party

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
$75 or 20% from present order

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
n/a

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
certified copy of court order, names addresses of parties

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?
Yes

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
Leech Lake Band of Ojibwe Judical Code Title 6 Chapter 10C Section 45(10)(a)(1).

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
Yes

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?
court order or sworn affidavit by the CSEP

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?
the lesser of the lump sum payment or the total amount of the judgment and arrearages

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
yes


Lummi Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?
Washington State

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
LCL 11.06.230(f)
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18

D2. What is the statutory citation for the age of majority?
LCL 8.02.015

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
under 18, or between the ages of 18 and 21 if regularly attending high school or its equivalent

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No, support obligation follows child

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
1) Post-secondary support - discretion to order up to age 24; 2) disability - for an adult child who is living with a parent or family member to assist in or reimburse the expenses incurred by that other person

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
Yes

D6.1. If yes, please describe the procedure.
Program has authority to adjust order if the order was based on # of children under Lummi guidelines

E1. What is your Tribe's statute of limitations for collection of past due support?
Age 34
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
None
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Written consent of the obligor

F1. What guideline type or method does your Tribe use to calculate child support ?
For primary/sole custody, the calculation is based on a percentage of obligor's income; percentage is determined based on # of children. For shared custody, the support obligation is based on the income of both parents.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Up to 50% of monthly obligation may be paid with non-cash payments if agreed to by the parties in writing and the Court has granted the in-kind contribution. The Court assigns a cash value to all in-kind payments using current market rates.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
LCL 11.06.080(e)(1) and 11.06.120(g)
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
N/A

F7. What costs are recovered from fees charged to the obligor?
N/A

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
No

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
LCL 11.06.020(c)
For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
The program will enforce spousal maintenance while there is a minor child of the parties in the custody of the obligee. LCL 11.06.030(a)
For Additional Information - exit disclaimer

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding, wage withholding, garnishment.

G2. What specific sources of income are not subject to withholding?
Income protected from withholding under federal law

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
N/A

G4. What is the allowable fee per pay period for processing income withholding payments?
None

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
14 days

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
"Promptly"

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Liable for total amount that should have been withheld; presumption that income would have been suffient to fully pay the withholding order. An employer who repeatedly fails to withhold may have its tribal business license suspended until compliance is assured.

G8. What is the penalty to an employer for failure to remit payments withheld?
After 45 days, a sanction is imposed, starting at double the withhheld amount. An employer who repeatedly fails to remit may have its tribal business license suspended until compliance is assured.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
UI withholds are processed through transmittal to relevant state child support program

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Motion filed in child support court proceeding.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Employer does not allocate. Program allocates withheld amounts across multiple withholding orders. Ongoing support obligations are paid first. Each custodian is paid in proportion to their share of the total amount. Arrears obligations are paid second with same allocation.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
Prompt notice is required in Federal Form OMB 0970-0154.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
No requirement

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Medical support is included in amount of child suppor obligation.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Proof by clear and convincing evidence. Disestablishment of paternity is only allowed if the Court determines that it is in the best interests of the child to disestablish. Note that this same procedure can be used if father has acknowledged paternity and wishes to withdraw it based on new evidence.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No, however records are closed to public without court order.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconferencing

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
LCL 11.05.030(c)
For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.
N/A

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
More than one child can be included in the packet if the children all have the same mother, father, and custodian (if different).

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
If primary custody cases, only the NCP. In shared custody cases, both parent's income is considered.
For Additional Information - exit disclaimer

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Ongoing child support obligations commence from the date of filing of the petition. Custodial parent has right of action for actual expenses before that time.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
The program starts a new proceeding for support-only, rather than intervening in a private custody or dissolution action.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
See above.

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
Yes

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
Yes, but those amounts are obtained through the tribe's execution procedure.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
N/A

J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial, unless tribe authorizes the program to administratevely withhold for that specific benefit.

J8. Please describe any other administrative enforcement procedures your Tribe may have.
None

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Suspension or denial of occupational, fishing, recreational, and motor vehicle licenses; publication of name; civil contempt sanctions including incarceration.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
All enforcement performed by Lummi program in response to other agency's transmittal.

J11. Describe your Tribe's registration and enforcement procedures.
Lummi program files action with Lummi court to get full faith and credit for foreign order.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
Same enforcement procedures are available for both orders given full father and credit and those estasblished in Lummi court.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
N/A

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
3 years for program's routine reviews. Court has authority to modify after 2 years without showing of substantial change of circumstances.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Request of obligee or obligor

K3. Briefly describe your Tribe's modification procedure.
Petition for modification filed with court.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
For program: 20% increase or decrease of obligation; change of custody; duty of support has ended; add health insurance coverage; or amend order to comply with code. For obligee or obligor: all of the above and also: more than two years have passed since last order, or change of circumstances that causes a severe hardship on either party or child.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
No

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
See above.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.
Obligation adminstratively ends if change of custody under court order or agreement. Obligation administratively reduced to minimum if incarcerated for more than 30 days, temporary total disability, or in in-patient substance abuse treatment that successfully completes.

K5.2. What is the statutory cite for your abatement law?
LCL 11.06.150(f) and (g)
For Additional Information - exit disclaimer

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
No public access without court order

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Certified copy of the underlying order and debt calculation. If the issue is qustioned, proof of service for commencment of the underlying proceeding. Foreign order cannot be modified except under FFCCSOA.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
¿Income¿ means earnings, income, benefits, and reimbursement from salaries, wages, fishing income, commissions, stipends, bonuses, dividends, severance pay, per capita payments, interest, trust income, annuities, deferred compensation, refunds of deductions from income, capital gains, social security benefits, worker¿s compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, gaming winnings, prizes, and spousal maintenance.

L1.2. Provide the statutory citation.
LCL 11.06.040(l) and 11.06.060.
For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
Yes

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
Either

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Excution documents if there is not already a court order allowing collection from lump sums.

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?
Program uses 50% of lump sum as limit.

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
Also withhold for arrears, if there is a court order authorizing collection for arrears from lump sum.


Menominee Indian Tribe of Wisconsin


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One.

A2. With what types of agencies do you have cooperative agreements?
Tribal TANF/Economic Support. DNA Testing, State of Wisconsin, Tribal Courts.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No. Our agency has an attorney on staff. The program attorneys are funded under indirect cost and are available to the agency for legal opinions. The tribal attorney serves the Tribal Legislature and performs specific functions not related to child support.

A3.1. If yes, what is the statutory citation?
N/A
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years old.

D2. What is the statutory citation for the age of majority?
As it pertains to child support, MITW Code 368 ArticleIII
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
Age 18 unless the child is a student in which case support would continue to age 19.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No. A court order is obtained to re-direct the child support payment to the caretaker.

D4.1. Optional comments regarding emancipation.
N/A

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Child support continues until age 19 if the child is pursuing a high school diploma or its equivalent and is attending an accredited school.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
Yes

D6.1. If yes, please describe the procedure.
Not automatically, Current support is reduced by order of the Tribal Court. Review is completed and the support obligation is modified to reflect the change. Support Obligation requires that support continue to age 19 if the child is in an accredited school for HS Diploma.

E1. What is your Tribe's statute of limitations for collection of past due support?
Our Tribal Ordinance does not set a statute of limitation. However, we use state regulations as a guideline and that is 20 years after a child turns age18 or age 19 if a student. This procedure is based on the Hamilton decision decided by the U.S. Supreme Court.
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
The Tribal Ordinance does not set a statute of limitation for paternity establishment except to state that if a petition to determine paternity is brought more than 20 years after the birth of a child, and the alleged father is deceased, the court may dismiss the petition.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
N/A

F1. What guideline type or method does your Tribe use to calculate child support ?
Our Tribe currently uses Wisconsin DCF 150 guideline to calculate child support. The Tribal Court may deviate depending on the circumstances.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
The Menominee Tribal Court may order goods/services in lieu of cash if the parent is found to be financially unable to pay support. The procedure requires validation by Child Support Agency of the value of the goods and services. A Tribal Court hearing would be scheduled and held and a Tribal Court Order would be issued. The continued appropriateness of an in lieu of contribution is required to be reviewed by the Tribal Court every 90 days that the order is in effect.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
MITW Code 368-12(H)
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Genetic Testing, Court Cost, Vital records (depending upon the case status).

F7. What costs are recovered from fees charged to the obligor?
Administrative Fees, Court Cost, Process Server, Vital Statistics, Genetic Testing and birth expenses as appropriate.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
If the fees are ordered in the initiating jurisdictions court order, our agency will enforce.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
N/A

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
MITW Code Ch.120 Article XII and Full Faith & Credit and 28 U.S.C s. 1738B
For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Spousal Maintenance and related orders are covered under a Tribal Code separate from Child Support Codes.
For Additional Information - exit disclaimer

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
We require information about the non-custodial parent, custodial parent, caretakers and children. Information is not required for a new spouse or partner.

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Notice/Order

G2. What specific sources of income are not subject to withholding?
Supplemental Security Income (SSI), Veteran's Benefits

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
N/A

G4. What is the allowable fee per pay period for processing income withholding payments?
The employer is allowed to withhold up to $30.00 per pay period.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than the next payroll period that begins after the receipt of our Notice/Order.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within five (5) days of withholding.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Referred to C.S. Attorney, Letter sent to employer and referral for legal action.

G8. What is the penalty to an employer for failure to remit payments withheld?
Contempt citation.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Within the state of Wisconsin

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
Obligor is provided a notice that they may contest. Notice is filed with CSA. Appropriate action is taken, including right to hearing by the tribal court.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Requires the employer to contest CSA. The CSA determines prooration based on level of support ordered for each case. Current support is given priority over (1) other court obligation (2) arrears and state debt.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Upon termination of employment.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Tribe does not have any requirements.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
Yes

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No, however C.S. payments may be remitted through State of Wisconsin web-based payment system.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Employer, W.C. Claim Provider, State U.C. Claim Provider

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Priority is given to custodial child support and other assigned debts.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
Yes

H1.1. If yes, please explain.
They are addressed by the Tribal Court in both Child Support and Paternity actions.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
07/17/1999

H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
DNA, Information and testimony from husband or the mother indicating he is not the father.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
Documents may be obtained from the Tribal Enrollment Department upon proper identification of individual requesting documents. There is a small fee for copying charged.

H8. Please describe any circumstances under which these fees may be waived.
Fees are for copying cost only and may not be waived.

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconferencing. Written Waiver of First Appearance.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
MITW Code-Ch.120, Article XII and 28 U.S.C s.1738B.
For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Payment of genetic testing costs must be court ordered.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Separate packet for each child.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
No other income is considered.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Date of birth, application or initiate, whichever is later.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
Yes

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
No. The matter would be heard by the Menominee Tribal Court.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
See # 16

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
J1.1 - The Menominee Tribe contracts with the State of Wisconsin who certifies appropriate cases for tax intercept. All other liens, seizures are restricted by the Tribal Legislature.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
N/A

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No, but Tribal Ordinance does include accounts in financial institutions.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
Exparte motion to freeze bank account. Notice is completed simultaneously at the time of filing of motion to seize. Notice of hearing to seize is required no less than 5 days proper to the hearing.

J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial.

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
None.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
N/A

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
N/A

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Required 33 months review if receiving TANF ASsistance and upon request if substantial changes in circumstances are verified.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
On request of Custodial parent, non-custodial parent in TANF cases.

K3. Briefly describe your Tribe's modification procedure.
Upon receipt of response to automated 33 month review notice, case worker completes case review verifies information,determines action needed, sends notice to parties, schedules hearing to modify order. Hearing is held and new order issued.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Not warranted unless changes is at least $40.00 per month and 10% of current order.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Receipt of temporary assistance Failure of the payer to furnish a timely disclosure of assets Change in the needs of the child Change in the payers earning capacity and Any other factor determined relevant by the Tribal Court.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.
The child support payment follows the child and if a placement chagne is verified, a re-direct of the child support obligation is processed by Tribal Court Order. Also, there is a modification of the support obligation if a non-custodial parent is incarcerated in prison for three years or more. The support obligation is brought to zero if the non-custodial parent is sentenced to life without the chance of parole.

K5.2. What is the statutory cite for your abatement law?
MITW Code 368, Article III and MTCSA approved Policies and Procedures.
For Additional Information - exit disclaimer

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
County Register of Deeds, Vital Records. Information is retained for our cases and requests for copies may be made to the CSA by parties involved. There would be a charge for copies. The CASA does not provide information and/or copies for the general pubic.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Conferences with the Tribal CSA to confirm jurisdiction. Transmittal Forms, Certified court orders, financials

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.
N/A
For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
N/A

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?
N/A

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?
N/A


Mescalero Apache Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?


J.3. Does your Tribe enforce property seizure and sale?


J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?


J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?


J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?


J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.


J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?


J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?


K3. Briefly describe your Tribe's modification procedure.


K4. What are your criteria for modification (e.g., $50 or 20% from present order)?


K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.


K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?


L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Mille Lacs Band of Ojibwe Indian Reservation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
The State of Minnesota DHS - Child Support

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
8 MLBSA §.2004 (c)
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years old

D2. What is the statutory citation for the age of majority?
8 MLBSA § 2019 (b)(6)
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 years old

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No, but such circumstance could warrant a modification

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If the child is still in accredited High School beyond 18 years of age but not to exceed 21 years of age

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
A legal action must be initiated to modify the existing order.

E1. What is your Tribe's statute of limitations for collection of past due support?
Not addressed

E2. What is your Tribe's statute of limitations for paternity establishment?
Not addressed
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Not addressed

F1. What guideline type or method does your Tribe use to calculate child support ?
Unless other arrangements have been agreed upon by both parties and approved by the court must order basic support be divided between both parents based on their proportionate share of the parents' combined monthly parental income for determining child support (PICS).

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
In-kind payments can be used to satisfy up to 50% of the obligor's current monthly obligation. Both parties must agree on the in-kind payment type or service and value and the court must approve the agreement. In-kind agreements can not be used to satisfy any portion of payments or arrears owed to other public agencies.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
8 MLBSA § 2021

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Genetic testing fees when the obligor who requested the test is found to be the father.

F7. What costs are recovered from fees charged to the obligor?
None

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
Full Faith and Credit

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
8 MLBSA § 2005

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Enforce - Full Faith and Credit

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
IWO - Income Withholding Order

G2. What specific sources of income are not subject to withholding?
Annual tribal stimulus payment - over and beyond per capita payment

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
The total amount withheld from per capita payments shall not exceed 50% of the payment.

G4. What is the allowable fee per pay period for processing income withholding payments?
No fee

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The order must be registered in tribal court and the parties must be given a 20 day notice before withholding starts.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days from the withholding date

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?
The Employer could be fined $500 and be held responsible for the accumulated funds that should have been withheld.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
No

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
The obligor would need to motion the court for an order denying or changing the amount of the IWO. The only basis for court consideration would be there is findings of a mistake of fact in the order.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Priority first goes to basic support across cases not to exceed the maximum allowed by the Consumer Credit Protection Act.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Within ten days of the termination date.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Until they receive a termination order to stop the withholding.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No - The Child Support program is the band authority to register in tribal court and process all IWO for all Mile Lacs Band of Ojibwe entities ( all band employers).

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Current support gets paid across all cases first.Remaining Funds will be used towards medical support, fees and arrears.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
11/10/2011

H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Genetic testing

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
All MN birth certificates require a presumption of paternity or a recognition of parentage to have the fathers name listed on the certificate

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Appearing by phone

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
8 MLBA § 2005

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Separate for each child

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial - Tribal

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
The CP

I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
No

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Both

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.
Wage withholding and Minor Trust withholding

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
Foreign judgments must be registered in tribal court before garnishments will start. See website for instruction.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
20-day notice to parties

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every two years upon request.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Upon Request.

K3. Briefly describe your Tribe's modification procedure.
Sec 8 MLBSA § 2019

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
$75 and or 20% increase/decrease to the existing order

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
The child is not in the home any longer. Not receiving TANF benefits.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?
No addressed

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?


L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?


L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Modoc Tribe of Oklahoma


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?
Head start, 8 tribal governments to provide child support services to their members.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes.

A3.1. If yes, what is the statutory citation?
Chap. 2 ~204

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 unless child is still in school not past 20th birthday

D2. What is the statutory citation for the age of majority?
502

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
See D1

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No, unless the child marries enters military

D4.1. Optional comments regarding emancipation.
N/A

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If a child is handicapped and the court awards continue support

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
Yes

D6.1. If yes, please describe the procedure.
A court order is required

E1. What is your Tribe's statute of limitations for collection of past due support?
Support is owed till paid in full.

E2. What is your Tribe's statute of limitations for paternity establishment?
Paternity has to be establish prior to 18th birthday.

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
N/A

F1. What guideline type or method does your Tribe use to calculate child support ?
Shared.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
sec 515. Non cash payments must be identified Court must order specific dollar amount Obligee must agree to the amount Order must state specific child support obligation and specific non-cash amount permitted Non cash payments are not permitted to satisfy obigations resulting from tribal, state or federal dollars.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Chpt 5. ~511

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
N/A

F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes if requested.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Cpt. 2 ~205

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Sec 602.

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No.

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income assignment.

G2. What specific sources of income are not subject to withholding?
N/A

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
N/A

G4. What is the allowable fee per pay period for processing income withholding payments?
$5.00 not to exceed $10.00 per month.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Next pay period after receiving income assignment

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days after pay period.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Tribal Attorneys will notify Employer of possible sanctions.

G8. What is the penalty to an employer for failure to remit payments withheld?
$200 fine.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes, per agreement with state of Oklahoma.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
In writing

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Child support is deducted per percentage to order if more than one order received if deduction is less than the court order amount according to CCPA.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Within 10 days of termination.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
One year.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Not at this time.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
N/A

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
N/A

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
sec 405

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
teleconferencing

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.
N/A

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Only custodial and non-custodial parents income are used

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Birth of child, not to exceed 5 years.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
Yes

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No, as long as requesting state or tribe provide documentation.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
Not at this time

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
Per State of Oklahoma

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
They are notified prior to any action

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
Yes.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
Tribe/state

J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
N/A

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
N/A

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
A tribe or state may request in action taken on their behalf, we would register their order with our court.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
Depending on the other tribe or state request, what action will be taken.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
No at this time

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
N/A

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every three years

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Per and NCP or CP request.

K3. Briefly describe your Tribe's modification procedure.
Upon receiving a request, Each party are required to complete a financial affidavit.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
10% change, Parties would need to request a review. This applies to the following questions ***Question K4.1 through K4.7*****

K4.1. The earnings of the obligor have substantially increased or decreased.


K4.2. The earnings of the obligee have substantially increased or decreased.


K4.3. The needs of a party or the child (ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in child care expenses.


K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?


K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
Not at this time however tribal codes are being revised and this section will be updated

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
All request must be sent to Modoc CSE PO Box 1110, Miami, Ok 74355. The tribe does not charge

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Copies of all orders, statement of fact, inter-jurisdiction transmittal

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.
N/A

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
N/A

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
Affidavit of Lien, must have court signature.

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?
CCPA

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
Yes, plus any past due


Muscogee (Creek) Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
State Agency

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
Our statutes can be found on Muscogee (Creek) Nation's website (www.muscogeenation-nsn.gov)
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years

D2. What is the statutory citation for the age of majority?
Our statutes are located on Muscogee (Creek) Nation's website
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?
Yes

D3.1. If yes, please explain.
Please refer to statutes

D4. Does child support end if the child leaves the household but does not emancipate?
Please refer to statutes

D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
No

D5.1. If yes, please explain.
Please refer to statutes

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?
We do not have a statute of limitations for collection of past due support
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
18 years of age
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?
State of Oklahoma child support guidelines

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Please refer to statutes

F5. Does your tribe establish and/or enforce medical support?
No

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.

For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?
None

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Please refer to statutes
For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding

G2. What specific sources of income are not subject to withholding?
Supplemental Security Income

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?
Please refer to statutes

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Please refer to statutes

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Please refer to statutes

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Please refer to statutes

G8. What is the penalty to an employer for failure to remit payments withheld?
Please refer to statutes

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?
Please refer to statutes

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Emplyer should allocate available amount for withholding equally among all orders or prorate available amount across order.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
Please refer to statutes

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
N/A

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Yes

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
N/A

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
10/01/2012

H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Please refer to statutes

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Written testimony

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
Please refer to statutes
For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
A separate packet should be sent for each child

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial process

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
None

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Five years retroactive from date of filing

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Yes

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Yes

J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
No

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?
Yes

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
No

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?


J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.
Indirect Contempt

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
Send a certified copy of order to Muscogee (Creek) Nation Office of Child Support

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.


J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?


J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?


J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every three years

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
- On request of the CP or NCP - Emancipation - Automatically in TANF cases

K3. Briefly describe your Tribe's modification procedure.
Please refer to statutes

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
15%

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
No

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
No

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
- Change in child's living arrangements - Child marries

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.


K5.2. What is the statutory cite for your abatement law?


K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.


K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
A certified copy of the order

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?


L1.2. Provide the statutory citation.
Please refer to statutes
For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
Yes

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?


L6. What other documents does your Tribe use to attach lump sum payments?


L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Navajo Nation


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One administrative office and five local agencies. Fort Defiance, Arizona; Chinle, Arizona; Tuba City, Arizona; Crownpoint, New Mexico and Shiprock, New Mexico.

A2. With what types of agencies do you have cooperative agreements?
Arizona and New Mexico.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No

A3.1. If yes, what is the statutory citation?
The Navajo nation Supreme Court directs that all licensed practitioner's abide by the American Bar Association Cannon of Ethics.
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years old.

D2. What is the statutory citation for the age of majority?
The definition under 9 NNC& 1002 D is - Adult person 18 years or older. The definition under 9 NNC & 1002 F is - Child under the age of 18 years.
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
N/A

D3. Does the date of the order impact what law is applied?
Yes

D3.1. If yes, please explain.
Because of Ex Post Facto.

D4. Does child support end if the child leaves the household but does not emancipate?
No, Navajo Nation Supreme Court has said that it does not decide in Jan Burbank vs. Tommy Clarke 7 Navajo Reporter 369 (01/26/1999).

D4.1. Optional comments regarding emancipation.
N/A

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If so ordered by the courts.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
The court order has to specify that the child support will reduce after children turn 18. Jane Burbank vs. Tommy Clarke, sepra.

E1. What is your Tribe's statute of limitations for collection of past due support?
No statute of limitations.
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
Up to 18 years.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Only through the Navajo Nation Family Court. The Family Court can be used to establish paternity for adults.

F1. What guideline type or method does your Tribe use to calculate child support ?
"Basic Visitation" and "Share Responsibility" - are the two formulas's used.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Navajo Nation is way below poverty level and most of the time interest is not charged.

F3. Does your Tribe charge interest on adjudicated arrears?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Depending on the court order. The amount set by the court or going rate by statue.

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
If you mean in-kind contributions, yes however rarely. Law allows us to impute the Non-custodial parent at minimum wages.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Statutory - NNCSEA@9NNC &1706 A3.
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Because of the Nation's poverty.

F7. What costs are recovered from fees charged to the obligor?
None.

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
If there is an order that specifies it.

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
Can only refer to it in Resolution as passed by the Navajo Nation Council.
For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
No

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
Navajo Nation Supreme Court - Gillena Crank vs. David Holliday, SC-CV-18-06 - which of prohibition states we do not have the authority to collect spousal support; we do not establish or modify.
For Additional Information - exit disclaimer

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No, but will if the initiating jurisdiction does.

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Order to Withhold Income.

G2. What specific sources of income are not subject to withholding?
Social Security Benefits (SSI).

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
There is no addition to federal CCPA. Navajo Nation has it own.

G4. What is the allowable fee per pay period for processing income withholding payments?
Navajo Nation does not have a fee.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than the next regular payment to the obligor that occurs 30 days following service of the notice.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
No later than the next regular payment to the obligor that occurs 30 days following service of the notice.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Order to Show Cause.

G8. What is the penalty to an employer for failure to remit payments withheld?
Sanctions that are recommended by the Navajo Nation.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes, can only collect if sent to the state that we have arrangements with.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
The request for a hearing to the Office of Hearings and Appeals.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Withholding will have priority in the order of service upon an employee unless otherwise ordered by Office of Hearings and Appeals (OHA).

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
Yes.

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
No timeframe set, employers are good about telling us per the order.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
Yes

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No, we use the State IV-D System (mainframe).

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
Yes.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
We require the NCP to put the child on medical benefits, only if affordable and report the policy and policy number to CSEO.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.
No statutory authority to consider issues of custody and visitations. OHA can only make findings but can not order anything.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?
No

H3.1. If yes, how is the presumption rebutted?
Children born of a Navajo are the children of the mother and father. however, OHA has allowed for in certain marriages

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
No

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
Yes

H5.1. If yes, briefly explain?
Peacemaking can do this through tribal custom.

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No.

H8. Please describe any circumstances under which these fees may be waived.
None.

H9. Is common law marriage recognized in your Tribe?
Yes

H9.1. If yes, describe the standard that defines common law marriage.
The parties hold themselves out in the community as husband and wife or had a Navajo wedding.

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Telephonic Conference and Teleconferencing.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
N/A
For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
If ordered.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One package.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Administrative set by statute and judicial.

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
CP & NCP's income is considered.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Only to the tribe the NCP received notice if this child support proceedings.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
Yes.

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Yes.

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Depends on circumstances.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?


J2. Is there a lien process in your Tribe?
Yes

J.3. Does your Tribe enforce property seizure and sale?
It can, but has never been done.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
Administrative - done by the state - not by the tribe.

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
The state limitations and notifies the Navajo Nation and the NCP.

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No.

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?
The states send a new notice to the Navajo Nation and the NCP.

J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Sometimes.

J8. Please describe any other administrative enforcement procedures your Tribe may have.
Tax intercept, license revocation, professional license revocation, lottery and gaming winnings, passport denials, FIDM and wage garnishment.

J9. Please describe any other judicial enforcement procedures your Tribe may have.
N/A

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
Full faith and Credit procedures.

J11. Describe your Tribe's registration and enforcement procedures.
Administrative process set by law for the Navajo Nation.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
A notice of Public Assignment must be sent to NCP under the administrative procedure set in law by the Navajo Nation.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
Yes

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
Transition, Experian and Equifax.

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
None.

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
Done through the state automated system.

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?


K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
At the request of CP, NCP and TANF.

K3. Briefly describe your Tribe's modification procedure.
Request for hearing and hearings set by OHA.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Guidelines only.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
N/A

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
Yes

K5.1. If yes, please explain the situation.
N/A

K5.2. What is the statutory cite for your abatement law?
Definition of "Custodial Patent".
For Additional Information - exit disclaimer

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
N/A

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
N/A

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.
No law.
For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
No law.

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
No

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
N/A

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
None.

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
No

L7.1. If yes, what are those limits?
N/A

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
No

L8.1. If yes, would the employer only withhold for that period's obligation?
Navajo Nation has its own CCPA and does not specify any laws regarding lump sum payments.


Nez Perce Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
One

A2. With what types of agencies do you have cooperative agreements?
MOU's with States of Idaho and Washington.

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
No. Program has its own attorney as a contractual agreement. This contract sets out the attorney-client relationship with the Nez Perce Tribe CSEP.

A3.1. If yes, what is the statutory citation?
n/a
For Additional Information - exit disclaimer

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years

D2. What is the statutory citation for the age of majority?
NPTC 4-5-1(p), 5-1-1(e), 2-4-1(a), 2-4-1(b)
For Additional Information - exit disclaimer

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18 years-Court order to terminate is also required.

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?
No, not per tribal code.

D4.1. Optional comments regarding emancipation.
NPTC 4-5-20 can petition for emancipation at age 16

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
Court Discretion, up to age 19 to complete high school. Parents can agree to support beyond high school.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
No

D6.1. If yes, please describe the procedure.
Court Order is necessary to specify the reduction.

E1. What is your Tribe's statute of limitations for collection of past due support?
NPTC 1-5-1(b); NPTC 1-5-7; NPTC 4-5-56(g)
For Additional Information - exit disclaimer

E2. What is your Tribe's statute of limitations for paternity establishment?
Child must be under 18 years to establish paternity. No adult paternities are allowed by the Tribal IV-D Agency.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
Yes

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
Challenges to paternity may be brought within specified time periods and required specified showings NPTC 5-1-53 and 5-1-55.

F1. What guideline type or method does your Tribe use to calculate child support ?
Nez Perce Tribal Child Support Guidelines

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
"In-kind payments" Must be court ordered and both parties agree to type and cash value; NPTC 4-5-51(c)(2)(C)

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
Court discretion. NPTC 4-5-56, 4-5-61 and 4-5-63.
For Additional Information - exit disclaimer

F6. Have you elected to recover costs or charge fees in your Tribal plan?
Yes

F6.1. If yes, what costs are recovered from fees charged to the obligee?
Vital Records, Genetic testing, Service fees.

F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
Yes

F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
NPTC 1-1-12(6) & 4-5-68
For Additional Information - exit disclaimer

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
NPTC 4-5-50 and 4-5-51
For Additional Information - exit disclaimer

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.
NPTC 4-5-42 and 4-5-45

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income Withholding Order.

G2. What specific sources of income are not subject to withholding?
See Consumer Credit Protection Act limits.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G3.1. If yes, what are those limits?
Shall not exceed 40% - or if arrearages shall not exceed 50%

G4. What is the allowable fee per pay period for processing income withholding payments?
Employer may deduct fee NTE $5.00 per day.

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Within seven (7) business days after date is would have been paid to employee.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven (7) business days after date is would have been paid to employee.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Liable for amount that should have been paid and up to $100 fine NPTC 4-5-59(b).

G8. What is the penalty to an employer for failure to remit payments withheld?
Liable for amount that should have been paid and up to $100 fine NPTC 4-5-59(b).

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
Yes.

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
N/A

G10. How does an obligor contest income withholding in your Tribe?
NPTC 4-5-53(d)

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Current support first then on a prorated basis NPTC 4-5-58 (e).

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No

G13. When does your Tribe require the employer to send notice of an employee's termination?
Immediately

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
Not required. CSEP will issue new IWO.

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No.

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
The obligor shall nevertheless be responsible for the payment of the premium NPTC 4-5-63(k).

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
No

H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?
07/08/2003

H2.1. Were acknowledgments prior to that effective date rebuttable?
No

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
Judgment and order of the court.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
N/A

H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Teleconference

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
NPTC 1-1-12(a) and 4-5-68
For Additional Information - exit disclaimer

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
Yes

H12.1. If yes, please explain.
Upon request.

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set for both children is acceptable.

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Custodial and non custodial.

I3. Will your Tribe establish support orders for prior periods?
No

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Date of filing of action. Generally date of filing of the action

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
No

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
Yes

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
Yes, NPTC 5-1-41(a) & (c)

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
No.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
No

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
Yes, under collection of debt NPTC 2-7-1, et seq

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?


J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?


J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial, with due process procedures

J8. Please describe any other administrative enforcement procedures your Tribe may have.


J9. Please describe any other judicial enforcement procedures your Tribe may have.


J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?


J11. Describe your Tribe's registration and enforcement procedures.
Letter requesting registration/enforcement 2 copies of order (1 certified) Sworn statement of arrears Verified address and personal data on obligor.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
FCPC-TCSA will file Motion and Order to Register; send letter notifying obligor of the registration and allowing 20 days to object. FCPC-TCSA will send all documents to requesting jurisdiction.

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
N/A

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
NO

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?


K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every 3 years; upon request of either party

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
In TANF cases, CSEP or a party may request review. No substantial continuing change of circumstances is required. Other Cases by request of either party.

K3. Briefly describe your Tribe's modification procedure.
File petition show cause for modification, affidavit of petitioner.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Court discretion-substantial and continuing change in circumstances.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
If both parties agree, if 15% change in existing order amount, addition of health coverage. See NPTC 4-5-67.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
No formal abatement process.

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Idaho State Bureau of Vital Statistics CSEP may also release acknowledgement or denial of paternity to a signatory; or to courts or other appropriate agencies

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
Copy of foreign judgment authenticated in accordance w/laws of issuing jurisdiction; affidavit setting forth name and address judgment debtor & creditor; fee required.

L1. Does your Tribe define a lump sum payment?
Yes

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
Only for Workers compensation payment.

L1.2. Provide the statutory citation.
NPTC 7.1.A.1.
For Additional Information - exit disclaimer

L2. Does your Tribal law require employers to report lump sum payments?
No

L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.
N/A
For Additional Information - exit disclaimer

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?
No

L4. Does your Tribe use the income withholding order to attach the lump sum payment?
Yes

L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?
Noted on the original or amended Income Withholding Order

L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?
Yes

L7.1. If yes, what are those limits?
NPTC 4-5-58(c); up to 40% for current support and up to 50% for arrears. In no event shall the amount to be withheld exceed CCPA.

L7.2. If no, what percentage is the employer required to withhold?
N/A

L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?
Yes

L8.1. If yes, would the employer only withhold for that period's obligation?
No, allowed to withhold for arrears as well. NPTC 4-5-58(c).


Nooksack Indian Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?
1

A2. With what types of agencies do you have cooperative agreements?
N/A

A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?
Yes

A3.1. If yes, what is the statutory citation?
NCL § 14.07.140

B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?
No

D1. What is the age of majority in your Tribe?
18 years ole.

D2. What is the statutory citation for the age of majority?
NCL § 15.02.010 (Youth Code)

D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.
18

D3. Does the date of the order impact what law is applied?
No

D3.1. If yes, please explain.
N/A

D4. Does child support end if the child leaves the household but does not emancipate?
No

D4.1. Optional comments regarding emancipation.
Child support follows the child to new household (upon application from custodian, or TANF referral).

D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?
Yes

D5.1. If yes, please explain.
If in high school or equivalent until age of 20; or if student in post-secondary education up to age 24.

D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?
Yes

D6.1. If yes, please describe the procedure.
The orders are differentiated so the amount per child is clearly stated in the order. (If an order is not differentiated, then a modification would have to be requested.)

E1. What is your Tribe's statute of limitations for collection of past due support?
There is no statute of limitations for collection of past-due support.

E2. What is your Tribe's statute of limitations for paternity establishment?
N/A

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when possible, and the length of time possible.
N/A

F1. What guideline type or method does your Tribe use to calculate child support ?
For primary/sole custody, the calculation is based on the income of the obligor parent. For shared custody, the support obligation is based on the income of both parents.

F2. Does your Tribe charge interest on missed arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F3. Does your Tribe charge interest on adjudicated arrears?
No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

F4. Does your Tribe allow non-cash payment for current support obligation?
Yes

F4.1. If yes, please describe types and procedures.
Up to 50% of monthly obligation may be paid with non-cash payments if agreed to by the parties in writing and the Court has granted the in-kind contribution. The Court assigns a cash value to all in-kind payments using current market rates.

F5. Does your tribe establish and/or enforce medical support?
Yes

F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.
NCL § 14.07.090(d)

F6. Have you elected to recover costs or charge fees in your Tribal plan?
No

F6.1. If yes, what costs are recovered from fees charged to the obligee?
NA

F7. What costs are recovered from fees charged to the obligor?
NA

F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?
NA

F9. Optional comments regarding recovering of initiating jurisdiction's fees.
NA

F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.
NCL § 10.00.060

F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?
Yes

F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.
NCL § 14.05.110

F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?
No

F13. Optional comments regarding required information on spouse or partner.
N/A

G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?
Income withholding, wage withholding, garnishment.

G2. What specific sources of income are not subject to withholding?
Benefits received from means-tested public assistance programs, including, but not limited to, TANF, supplemental security income, food stamps, or any other program exempted by federal law, or sums received as child support.

G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No

G3.1. If yes, what are those limits?
NA

G4. What is the allowable fee per pay period for processing income withholding payments?
NA

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
14 days

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?
No deadline in Nooksack Code of Laws, use 5 days by policy.

G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?
Show cause hearing

G8. What is the penalty to an employer for failure to remit payments withheld?
Any employer failing to withhold income shall be liable for the accumulated amount of support money that should have been withheld from the obligor parent-employee¿s earnings; and an employer who repeatedly fails to withhold may have his tribal business license revoked or suspended until compliance is assured.

G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?
No

G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.
Nooksack Tribe does not provide unemployment services. Must request withholding of UI benefits from WA DCS.

G10. How does an obligor contest income withholding in your Tribe?
File petition in court.

G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).
Child Support Program shall allocate withheld amounts across multiple withholding orders. Each custodian shall be paid in proportion to their share of the total amount.

G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes

G13. When does your Tribe require the employer to send notice of an employee's termination?
NA

G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?
NA

G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?
No

G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No

G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?
No

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.
Current child support is always paid first.

H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?
Yes

H1.1. If yes, please explain.
Court prefers to address all issues at once though is not obligated to do so.

H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H3. Does marriage constitute a rebuttable presumption of paternity?
Yes

H3.1. If yes, how is the presumption rebutted?
By clear, cogent and convincing evidence.

H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?
Yes

H5. Does your Tribe have any procedures on paternity established under Tribal customs?
No

H5.1. If yes, briefly explain?
N/A

H6. Does your Tribe have a putative fathers' registry?
No

H6.1. If yes, what is the name of the entity?
N/A

H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?
No

H8. Please describe any circumstances under which these fees may be waived.
N/A

H9. Is common law marriage recognized in your Tribe?
No

H9.1. If yes, describe the standard that defines common law marriage.
N/A

H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)
Telephone, written.

H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.
NCL § 10.00.060

H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?
No

H12.1. If yes, please explain.
N/A

H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?
1 packet

I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?
Judicial

I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?
Only the custodial parent if shared custody.

I3. Will your Tribe establish support orders for prior periods?
Yes

I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
From date of application.

I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?
Yes

I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?
No

I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?
No

I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?
Modification.

I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


J1. Indicate whether your Tribe has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).


J1.1. Does your Tribe have income tax refund procedures?
Yes

J2. Is there a lien process in your Tribe?
No

J.3. Does your Tribe enforce property seizure and sale?
Yes.

J4. Are the MSFIDM Freeze and Seize procedures available in your Tribe and are the procedures judicial, administrative, or both?
No

J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the Tribe to collect delinquent child support?
N/A

J5. Does your Tribe's income withholding definition include amounts in financial institutions?
No

J6. Does a new notice have to be sent when intent to Freeze and Seize is sent?
Yes

J6.1. If yes, who notifies the NCP, the Tribe or the Financial Institution?


J7. Does your Tribe withhold Tribal funds or benefits?
Yes

J7.1. If yes, is the method of withholding Tribe benefits judicial, administrative, or both?
Judicial

J8. Please describe any other administrative enforcement procedures your Tribe may have.
N/A

J9. Please describe any other judicial enforcement procedures your Tribe may have.
Suspension or denial of licenses; Publication of names.

J10. If your Tribe has established specific procedures for registering administrative liens, what are the procedures that another Tribe must follow?
N/A

J11. Describe your Tribe's registration and enforcement procedures.
Summons and Petition for Full Faith and Credit is filed.

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.
NA

J13. Does your Tribe use credit bureau reporting as an enforcement method?
No

J14. Provide which credit bureaus your Tribe reports an obligor's child support information?
NA

J15. In an inter jurisdictional case, does your Tribe report an obligor's child support information to credit bureaus when it is the initiating jurisdiction, the responding Tribe or both?
NA

J16. What are your Tribe's criteria for reporting an obligor's child support information to credit bureaus?
NA

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?
Every year.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?
Upon request of either party or automatically in TANF Cases.

K3. Briefly describe your Tribe's modification procedure.
Agency reviews, petition filed with court (either by party or agency depending on situation), court decides.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?
Under NCL §14.07.190 any party may petition court for modification. There is no criteria that must be met to file.

K4.1. The earnings of the obligor have substantially increased or decreased.
Yes

K4.2. The earnings of the obligee have substantially increased or decreased.
Yes

K4.3. The needs of a party or the child (ren) have substantially increased or decreased.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes

K4.5. The child (ren) have extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in child care expenses.
Yes

K4.7. What other criteria does your Tribe use for demonstrating a change in circumstances?
Increase/decrease in the # of children supported in the home.

K5. Does your Tribe abate support? For example, when the child is not living with the custodial party for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.
No

K5.1. If yes, please explain the situation.
N/A

K5.2. What is the statutory cite for your abatement law?
N/A

K5.3. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Paternity acknowledgement/affidavits and birth records can be obtained through WA state. Information is provided to clients as needed.

K6. What information is required to register an inter-jurisdictional order for enforcement/modification?
In order for us to act on interstate referrals, we require certified copy of the underlying order and debt calculation and proof of service of the underlying order.

L1. Does your Tribe define a lump sum payment?
No

L1.1. If yes, please provide your Tribal definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.)?
N/A

L1.2. Provide the statutory citation.


L2. Does your Tribal law require employers to report lump sum payments?


L2.1. If yes, please provide the statutory citation or rule requiring employers to report this information.


L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?


L4. Does your Tribe use the income withholding order to attach the lump sum payment?


L4.1. If yes, is it noted on the original order or is it sent specifically to cover the lump sum payment?


L5. Does your Tribe use the lien/levy process to attach the lump sum payment?
No

L5.1. If yes, what is the name of the document your Tribe uses to attach lump sum payment?
N/A

L6. What other documents does your Tribe use to attach lump sum payments?
N/A

L7. Does your Tribe require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?


L7.1. If yes, what are those limits?


L7.2. If no, what percentage is the employer required to withhold?


L8. If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?


L8.1. If yes, would the employer only withhold for that period's obligation?



Northern Arapaho Tribe


A1. How many local IV-D offices are in your Tribe (excluding agencies with cooperative agreements)?


A2. With what types of agencies do you have cooperative agreements?


A3. Does your Tribe have statutes that set forth the attorney-client relationship between the Tribal attorney and the agency only?


A3.1. If yes, what is the statutory citation?


B1. Does your Tribe recognize the Uniform Inter State Family Support Act (UIFSA)?


D1. What is the age of majority in your Tribe?


D2. What is the statutory citation for the age of majority?


D2.1. If not addressed in the order, at what age is child support automatically terminated as a matter of Tribal law? Qualify, if necessary.


D3. Does the date of the order impact what law is applied?


D3.1. If yes, please explain.


D4. Does child support end if the child leaves the household but does not emancipate?


D4.1. Optional comments regarding emancipation.


D5. Does your Tribe allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?


D5.1. If yes, please explain.


D6. Does your Tribe automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?


D6.1. If yes, please describe the procedure.


E1. What is your Tribe's statute of limitations for collection of past due support?


E2. What is your Tribe's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when possible, and the length of time possible.


F1. What guideline type or method does your Tribe use to calculate child support ?


F2. Does your Tribe charge interest on missed arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your Tribe charge interest on adjudicated arrears?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your Tribe allow non-cash payment for current support obligation?


F4.1. If yes, please describe types and procedures.


F5. Does your tribe establish and/or enforce medical support?


F5. 1. If yes, provide the statutory citation for your Tribal law or code to establish and/or enforce medical support.


F6. Have you elected to recover costs or charge fees in your Tribal plan?


F6.1. If yes, what costs are recovered from fees charged to the obligee?


F7. What costs are recovered from fees charged to the obligor?


F8. Does your Tribe recover cost on behalf of the initiating jurisdiction?


F9. Optional comments regarding recovering of initiating jurisdiction's fees.


F10. Please provide the statutory citation for your Tribal long-arm statute to establish and/or enforce child support.


F11. Does your Tribe establish, enforce, or modify spousal maintenance orders?


F11.1. If yes, provide the statutory citation for your Tribe law or code to establish and/or enforce medical support.


F12. Does your Tribe require the initiating jurisdiction to include information about the new spouse or partner upon a request for establishment or modification?


F13. Optional comments regarding required information on spouse or partner.


G1. What term(s) does your Tribe use to refer to income withholding (e.g., wage withholding)?


G2. What specific sources of income are not subject to withholding?


G3. Does your Tribe have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


G3.1. If yes, what are those limits?


G4. What is the allowable fee per pay period for processing income withholding payments?


G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G6. What is the date by which an employer must remit amounts withheld from an employee's pay?


G7. What are your Tribe's procedures for sanctioning employers for not implementing income withholding?


G8. What is the penalty to an employer for failure to remit payments withheld?


G9. Does your Tribe allow direct income withholding of unemployment insurance benefits across jurisdictional lines?


G9.1. Optional comments regarding direct withholding of UI benefits across jurisdictional lines.


G10. How does an obligor contest income withholding in your Tribe?


G11. When the obligor has more than one claim for child support against his/her income, indicate your Tribal priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).


G12. Does your Tribe require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?


G13. When does your Tribe require the employer to send notice of an employee's termination?


G14. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?


G15. Does the Tribe charge any fee to the obligor that the employer is required to withhold and remit to the Tribe?


G16. Does your Tribe offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


G17. Can a direct income withholding be sent to any of the following in your Tribe: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?


G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your Tribal prioritization between child support and medical support.


H1. When your Tribe enters an order establishing paternity, are issues of custody and visitation also addressed?


H1.1. If yes, please explain.


H2. What is the effective date of the Tribal law, codes and/or custom that makes paternity acknowledgments conclusive?


H2.1. Were acknowledgments prior to that effective date rebuttable?


H3. Does marriage constitute a rebuttable presumption of paternity?


H3.1. If yes, how is the presumption rebutted?


H4. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?


H5. Does your Tribe have any procedures on paternity established under Tribal customs?


H5.1. If yes, briefly explain?


H6. Does your Tribe have a putative fathers' registry?


H6.1. If yes, what is the name of the entity?


H7. Are there any fees for requesting searches, paternity documents, and data from your Tribe and/or Tribal Bureau of Vital Statistics?


H8. Please describe any circumstances under which these fees may be waived.


H9. Is common law marriage recognized in your Tribe?


H9.1. If yes, describe the standard that defines common law marriage.


H10. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)


H11. Please give the statutory citation for your Tribe's long arm statute and list any special provisions.


H12. Does your Tribe recover genetic testing costs for other jurisdictions (Tribes, States)?


H12.1. If yes, please explain.


H13. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your Tribe (with a paternity affidavit for each child) or should a separate packet be sent for each child?


I1. Does your Tribe use an administrative or a judicial process to establish a support obligation?


I2. In setting support under your Tribe's guidelines, whose income is considered in addition to the NCP's (e.g., new spouses or children's)?


I3. Will your Tribe establish support orders for prior periods?


I3.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?


I3.2. Will your Tribe allow a petition for support when the only issue is retroactive support?


I4. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?


I5. Does your Tribe require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/is not being expended?


I6. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?


I7. When your Tribe has issued an order that reserves support, and now child support should be ordered, should the other jurisdiction request an establishment or a modification action?