WHITE EARTH BAND OF OJIBWE TRIBAL CODE (2023)
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WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Contents
GENERAL 3
§10C.01
Title ....................................................................................................................................... 3
§10C.02
Definitions............................................................................................................................. 3
§10C.03
Findings and Purpose ............................................................................................................ 7
§10C.04
Repeal - Chapter 10 of the White Earth Domestic Relations Code ...................................... 8
§10C.05
Authority And Jurisdiction of the White Earth Nation Child Support Program and Tribal
Court
8
§10C.06
Sovereign Immunity of the White Earth Nation ................................................................... 9
§10C.07
Protection of Participants – Hearings And Records; Confidentiality ................................... 9
§10C.08
Publication of Proceedings ................................................................................................. 11
§10C.09
Penalty for Unauthorized Disclosure .................................................................................. 11
§10C.10
Rights of the Parties ............................................................................................................ 11
§10C.11
Provision of Legal Services by the WEN CSP Service of Process..................................... 11
§10C.12
Notice .................................................................................................................................. 12
ESTABLISHING A CHILD SUPPORT OBLIGATION – Computation of Gross Income and Support
Using the Child Support Guidelines and Schedule ................................................................................... 12
§10C.13
Mutual Duty to Support Children ....................................................................................... 12
§10C.14
Minor Children; Support ..................................................................................................... 12
§10C.15
Award of Maintenance or Support Money ......................................................................... 13
§10C.16
Providing Income Information............................................................................................ 13
§10C.17
Calculation of Gross Income .............................................................................................. 14
§10C.18
Income from Self-Employment or Operation of a Business ............................................... 15
§10C.19
Social Security or Veterans’ Benefit Payments Received on Behalf of the Child ............. 16
§10C.20
Potential Income ................................................................................................................. 16
§10C.21
Deduction from Income for Nonjoint Children .................................................................. 17
§10C.22
Computation of Child Support Obligations ........................................................................ 18
§10C.23
Guideline Schedule Used in Child Support Determinations............................................... 19
§10C.24
Non-cash support ................................................................................................................ 28
§10C.25
Parenting Expense Adjustment ........................................................................................... 28
§10C.26
Deviations from Child Support Guidelines......................................................................... 31
§10C.27
Written Findings by the Tribal Court.................................................................................. 32
§10C.28
Modification of Orders or Decrees ..................................................................................... 33
§10C.29
Child Care Support ............................................................................................................. 35
§10C.30
Medical Support .................................................................................................................. 37
§10C.31
Ability to Pay; Self-Support Adjustment ............................................................................ 43
§10C.32
Cost-of-Living Adjustments (COLA) in Maintenance or Child Support Order ................. 44
DUTY TO REPORT RECEIPT OF PUBLIC ASSISTANCE TO THE WEN CSP..................................... 45
§10C.33
Notice to the WEN CSP – Receipt of Public Assistance .................................................... 45
§10C.34
Failure of Notice ................................................................................................................. 45
§10C.35
Reserved – Assignment of Rights; Intervention by the WEN CSP .................................... 46
§10C.36
Reserved – Fees for IV-D Services..................................................................................... 46
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEES BY THE WEN CSP ...................... 46
§10C.37
Location Activities of the WEN CSP ................................................................................. 46
PAYMENTS, COLLECTIONS, INCOME WITHHOLDING, ARREARS, ENFORCEMENT REMEDIES 46
§10C.38
Mandatory Payment of Child Support Obligations to the White Earth Child Support
Payment Center ......................................................................................................................................... 46
§10C.39
Collections .......................................................................................................................... 47
§10C.40
Overpayments ..................................................................................................................... 48
§10C.41
Arrears................................................................................................................................. 48
§10C.42
Interest on Arrearages ......................................................................................................... 48
§10C.43
Reserved – Reporting of Arrears ........................................................................................ 48
§10C.44
Child Support Debt and Arrearage Management................................................................ 48
§10C.45
Payment Agreements .......................................................................................................... 49
§10C.46
Income Withholding ........................................................................................................... 49
§10C.47
Notice of Order ................................................................................................................... 55
ADDITIONAL ENFORCEMENT REMEDIES ......................................................................................... 55
§10C.48
Administrative Seek Employment Orders .......................................................................... 55
§10C.49
Driver’s License and Occupational License Suspension, Motor Vehicle Lien .................. 56
§10C.50
Recreational License Suspension ........................................................................................ 56
§10C.51
Security; Sequestration; Contempt ..................................................................................... 58
§10C.52
Contempt Proceedings for Nonpayment of Support ........................................................... 59
§10C.53
Employer Contempt ............................................................................................................ 59
§10C.54
Attorney’s Fees and Collection Costs Recovery ............................................................. 60
§10C.55
Incarcerated Obligor ....................................................................................................... 61
§10C.56
Title IV-E Foster Care ..................................................................................................... 61
§10C.57
Publication of Names of Delinquent Child Support Obligors ......................................... 61
INTERGOVERNMENTAL CASES - FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS;
REGISTRATION OF FOREIGN ORDERS ............................................................................................... 62
§10C.58
Full Faith and Credit of Foreign Child Support Orders....................................................... 62
§10C.59
Registration of Foreign Order for Enforcement .............................................................. 62
§10C.60
Registration and Modification of Child Support Order ....................................................... 65
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WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
GENERAL
§10C.01
Title
This Chapter shall be referred to as the “White Earth Nation Child Support Act.”
§10C.02
Definitions
1. Terms under this Chapter shall be liberally construed so as not to limit the jurisdiction
of the Tribal Court over tribal children, and to facilitate the authority of the Tribal
Court to act to protect the interests of tribal children and their families. When
interpreting terms not defined by this Chapter, the Court shall take into consideration
tribal laws and customs. Unless in conflict with applicable tribal law, terms not
specifically defined in this Chapter shall be defined according to their normal usage,
or as defined in the federal regulations for Tribal Child Support Enforcement
Programs found at 45 CFR § 309 et seq.
2. For purposes of White Earth Nation Child Support Act, the following definitions
apply:
a. "Apportioned veterans' benefits" means the amount the Veterans
Administration deducts from the veteran's award and disburses to the child or the
child's representative payee. The apportionment of veterans' benefits shall be that
determined by the Veterans Administration and governed by U.S. Code of Federal
Regulations, title 38, sections 3.450 to 3.458.
b. “Arrears” means the amount that accrues pursuant to an obligor's failure to
comply with a support order. Past support contained in a support order are arrears
if the court order does not contain repayment terms. Arrears also arise by the
obligor's failure to comply with the terms of a court order for repayment of past
support. An obligor's failure to comply with the terms for repayment of amounts
owed for past support turns the entire amount owed into arrears.
c. "Basic support" means the basic support obligation computed under section
10C.22 of this Chapter. Basic support includes the dollar amount ordered for a
child's housing, food, clothing, transportation, and education costs, and other
expenses relating to the child's care. Basic support does not include monetary
contributions for a child's child care expenses and medical and dental expenses.
d. "Child" means an individual under 18 years of age, an individual under age 20
who is still attending secondary school, or an individual who, by reason of
physical or mental condition, is incapable of self-support.
e. “Court” means the Tribal Court of the White Earth Nation.
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
f. "Financial institution" means a savings association, bank, trust company, credit
union, industrial loan and thrift company, bank and trust company, or savings
association, and includes a branch or detached facility of a financial institution.
g. “Gross income" means the income of the parent calculated under section 10C.15
of this Chapter.
h. “Health care coverage” means health care benefits that are provided by a health
plan. Health care coverage does not include any form of public medical
assistance.
i. “Health plan” means a group health plan governed under the federal Employee
Retirement Income Security Act of 1974 (ERISA), a self-insured plan or a policy,
contract, or certificate issued by a community-integrated service network licensed
by a state. Health plan includes plans:
(1) Provided on an individual and group basis;
(2) Provided by an employer or union;
(3) Purchased in the private market; and
(4) Available to a person eligible to carry insurance for the joint child.
Health plan includes a plan providing for dependent-only dental or vision
coverage and a plan provided through a party's spouse or parent.
j. "Income withholding only services" means the services provided by the WEN
CSP to collect payments pursuant to a support order but does not include other
enforcement services provided by the WEN CSP for IV-D cases. Notices required
for income withholding under this section shall be initiated by the applicant for
services.
k. "Issuing state" means the state in which a tribunal issues a support order or
renders a judgment determining parentage.
l. "Issuing tribe" means the tribe in which a tribunal issues a support order or
renders a judgment determining parentage.
m. "Issuing tribunal" means the tribunal that issues a support order or renders a
judgment determining parentage.
n. "IV-D case" means a case where a party has applied for child support services
from the child support enforcement agency or has assigned to the Tribe or State
rights to child support because of the receipt of public assistance under title IV-D
of the Social Security Act, United States Code, title 45, section 309.
o. "Joint child" means the dependent child who is the child of both parents in the
support proceeding. In cases where support is sought from only one parent of a
child, a joint child is the child for whom support is sought.
p. “Medical support” means providing health care coverage for a joint child by
carrying health care coverage for the joint child or by contributing to the cost of
health care coverage, public coverage, unreimbursed medical expenses, and
uninsured medical expenses of the joint child.
q. “Medical support notice or order” means a notice issued by the WEN CSP or a
court order issued by the White Earth Tribal Court to enforce health insurance
provisions of a support order.
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r. “Non-cash support” means non-cash child support provided to a family in the
nature of goods and/or services rather than in cash. Non-cash support directly
contributes to the needs of a child. Non-cash support may include services such
as making repairs to automobiles or a home, the clearing or upkeep of property,
providing a means for travel, providing needed resources for a child’s
participation in Tribal customs and practices, or other goods or services that
contribute to the needs of a child, and can be reasonably assigned a cash value.
s. "Non-joint child" means the legal child of one, but not both of the parents in the
support proceeding. Non-joint child does not include stepchildren.
t. "Obligee" means a person or tribal or state agency to which payments for
maintenance or support are owed.
u. "Obligor" means a person obligated to pay maintenance or support. A person
who has primary physical custody of a child is presumed not to be an obligor for
purposes of a child support order under section 10C.22, unless section 10C.23,
subsection 4, applies or the Court makes specific written findings to overcome
this presumption. For purposes of ordering medical support under this Chapter, a
parent who has primary physical custody of a child may be an obligor subject to a
payment agreement under section 10C.45.
v. "Parental income for determining child support" or "PICS" means gross
income minus deductions for non-joint children allowed under section 10C.21.
w. "Payor of funds" means a person or entity that provides funds to an obligor,
including an employer as defined under chapter 24, section 3401(d), of the
Internal Revenue Code, an independent contractor, payor of workers'
compensation benefits or unemployment insurance benefits, or a financial
institution.
x. Primary physical custody. The parent or caregiver having "primary physical
custody" means the parent or caregiver who provides the primary residence for a
child and is responsible for the majority of the day-to-day decisions concerning a
child.
y. “Public coverage” means health care benefits provided by any form of federal,
state, or tribal medical assistance. Medical benefits provided by the federal Indian
Health Service (IHS) are considered public coverage.
z. “Public assistance” means temporary financial assistance given to needy persons
by a tribal or state government agency.
aa. "Register" means to file a support order or judgment determining parentage in
the office of the court manager or administrator.
bb. "Registering tribunal" means a tribal or state tribunal in which a support order
is registered.
cc. "Social Security benefits" means the monthly retirement, survivors, or disability
insurance benefits that the Social Security Administration provides to a parent for
that parent's own benefit or for the benefit of a joint child. Social Security benefits
do not include Supplemental Security Income (SSI) benefits that the Social
Security Administration provides to a parent for the parent's own benefit or to a
parent due to the disability of a child.
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dd. "Support money" or "child support" means an amount for basic support, child
care support, and medical support pursuant to:
(1) An award in a dissolution, legal separation, annulment, or parentage
proceeding for the care, support and education of any child of the marriage
or of the parties to the proceeding; or
(2) Support ordered under other tribal law.
ee. "Support order" means a judgment, decree, or order, whether temporary, final,
or subject to modification, issued by a court or administrative agency of
competent jurisdiction:
(1) For the support and maintenance of a child, including a child who has
attained the age of majority under the law of the issuing tribe or state;
(2) For a child and the parent with whom the child is living, that provides for
monetary support, child care, medical support, arrearages, or
reimbursement; or
(3) For the maintenance of a spouse or former spouse.
The support order may include related costs and fees, income withholding, and
other relief.
ff. "Survivors' and dependents' educational assistance" means funds disbursed
by the Veterans Administration under United States Code, title 38, chapter 35, to
the child or the child's representative payee.
gg. “TANF” means the Temporary Assistance to Needy Families provided to
families under title IV-A of the Social Security Act.
hh. “Title IV-A” refers to title IV-A of the Social Security Act under which the
federal government provides funds to Tribes and States to provide temporary
financial assistance to families using federal dollars. Title IV-A is also known as
“TANF” or Temporary Assistance to Needy Families.
ii. “Title IV-D” means title IV-D of the Social Security Act, under which the federal
government provides funds to tribes and states to administer child support
programs that provide services related to child support.
jj. “Title IV-E” refers to title IV-E of the Social Security Act under which the
federal government provides funds to tribes and states to assist with the costs of
operating foster care programs.
kk. “Title XIX” refers to title XIX of the Social Security Act under which the federal
government provides funds to states to provide medical care assistance through a
state-operated and administered program that provides medical benefits for
certain indigent or low-income persons in need of health and medical care.
ll. “Tribal Child Support Program” means the White Earth Nation Child Support
Program, which provides child support services to children and families.
mm. “Tribal Court” means the White Earth Tribal Court of the White Earth Nation.
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nn. “Tribe” means the White Earth Nation, unless referenced to a specific Tribe.
oo. "Tribunal" means a tribal or state court, administrative agency, or quasi-judicial
entity authorized to establish, enforce, or modify support orders or to determine
parentage.
pp. "Unclaimed support funds" means any support payments collected by the WEN
CSP from the obligor, which have not been disbursed to the obligee.
qq. “Uninsured medical expenses” means a joint child's reasonable and necessary
health-related expenses if the joint child is not covered by a health plan or public
coverage when the expenses are incurred.
rr. Unreimbursed medical expenses means a joint child's reasonable and necessary
health-related expenses if a joint child is covered by a health plan or public
coverage and the plan or coverage does not pay for the total cost of the expenses
when the expenses are incurred. Unreimbursed medical expenses do not include
the cost of premiums. Unreimbursed medical expenses include, but are not limited
to, deductibles, co-payments, and expenses for orthodontia, and prescription
eyeglasses and contact lenses, but not over-the-counter medications if coverage is
under a health plan.
ss. “WEN CSP” means the White Earth Nation Child Support Program.
tt. “White Earth Child Support Payment Center” means the tribal unit
responsible for receiving, processing, and disbursing payments, and for
maintaining a record of payments, in all cases in which the Court orders that
payments for child support be made.
uu. “White Earth Nation Child Support Program” means the tribal child support
program which provides child support enforcement services to children and
families and is authorized to seek:
(1)
(2)
(3)
(4)
§10C.03
Location of obligors or their assets and obligees;
Determination of parentage;
Establishment or modification of child support; or
Enforcement of support orders or laws relating to the duty of support.
Findings and Purpose
The White Earth Nation has enacted this chapter recognizing the following:
1. The Tribe has historically placed a great emphasis on the needs of its youth and
families;
2. Under traditional Ojibwe values, children are viewed as sacred and they are the
Tribe’s most important resource;
3. The White Earth Nation has a compelling interest to promote and maintain the health
and well-being of tribal children and families;
4. The White Earth Nation acknowledges the financial difficulties and hardship facing
many tribal children due to a lack of parental support;
5. The non-support of tribal children by their parents is not in keeping with Ojibwe
values;
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
6. The White Earth Nation finds that it is in the best interests of the Tribe to make laws
which govern the establishment of child support and the enforcement of child
support;
7. The purpose of the White Earth Family Relations Code, Title 6, Chapter 10C, is to
utilize the civil justice system, including the White Earth Family Relations Code, and
the White Earth Nation Child Support Program (“WEN CSP”) to set standards of
behavior within the family that are consistent with traditional Ojibwe values and that
motivate parents to provide their children with regular and adequate child support in
accordance with their resources and abilities;
8. It is also the goal of this code to facilitate the opening of the lines of communication
among the Tribal Court, the WEN CSP and other Tribal and State programs to
enhance the quality of child support services provided to the White Earth community;
9. The White Earth Nation enacts this Chapter to reaffirm tribal sovereignty and tribal
self-determination by providing for the exercise of the greatest possible Tribal
jurisdiction over the greatest number of child support cases involving tribal children
and families.
§10C.04
Repeal - Chapter 10 of the White Earth Domestic Relations Code
Chapter 10 of the White Earth Family Relations Code is hereby repealed and replaced by
Chapter 10C, which shall hereinafter apply to all actions filed in Tribal Court pertaining
to the establishment, enforcement, or modification of child support and maintenance
obligations, the location of the obligor, obligee, and any assets and the collection and
distribution of support payments.
§10C.05
Authority And Jurisdiction of the White Earth Nation Child Support Program and
Tribal Court
1. The White Earth Nation has the inherent authority to protect its political integrity and
provide for the welfare of its children.
2. The White Earth Tribal Court has jurisdiction over any action brought in Tribal Court
under this Chapter.
3. The action to establish, modify, or enforce a child support obligation may be joined
with an action for divorce, annulment, legal separation, custody under the White
Earth Family Relations Code.
4. The Tribal Court and WEN CSP may assert jurisdiction under this Chapter over:
a. All members or persons eligible for membership in the White Earth Nation or the
Minnesota Chippewa Tribe;
b. Any person eligible for membership in any federal or state recognized tribe
coming under the jurisdiction of the White Earth Nation;
c. Any person who is alleged to be a parent of a child, including any unborn child,
whose parenting partner is a member or eligible for membership in the White
Earth Nation or the Minnesota Chippewa Tribe, or who is a member or eligible
for membership in any federal or state recognized tribe coming under the
jurisdiction of the White Earth Nation;
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d. Any person who knowingly consents to become subject to the jurisdiction of the
White Earth Tribal Court or the WEN CSP.
5. The Tribal Court may exercise personal jurisdiction over a nonresident individual, or
the guardian or conservator of the individual, if: upon a finding that satisfies the
purpose of this code.
a. The individual is personally served with a summons within the exterior
boundaries of the White Earth Reservation;
b. The individual submits to the jurisdiction of the White Earth Nation by consent,
by entering a general appearance, or by filing a responsive document having the
effect of waiving any contest to personal jurisdiction;
c. The individual resided with the child within the exterior boundaries of the White
Earth Reservation;
d. The individual resided within the exterior boundaries of the White Earth
Reservation and provided prenatal expenses or support for the child;
e. The child resides within the exterior boundaries of the White Earth Reservation as
a result of the acts or directives of the individual;
f. The individual engaged in sexual intercourse within the exterior boundaries of the
White Earth Reservation and the child may have been conceived by that act of
intercourse; or
g. There is any other basis consistent with the constitutions of the Tribe and the
United States for the exercise of personal jurisdiction.
6. The Tribal Court has the authority to punish for contempt, committed in or out of the
Court’s presence.
7. Whenever state, federal, and other tribal courts have jurisdiction over any of the
matters provided for in this Chapter, the Tribal Court shall have concurrent
jurisdiction over the same matters, to the extent consistent with federal law.
§10C.06
Sovereign Immunity of the White Earth Nation
Nothing in this Chapter shall abrogate or otherwise impair the sovereign immunity of the
White Earth Nation.
§10C.07
Protection of Participants – Hearings And Records; Confidentiality
1. Notwithstanding any other law concerning public hearings and records, any hearing
or trial held under this Chapter shall be held in closed court without admittance of any
person other than those necessary to the action or proceeding. All papers and records,
other than the final judgment, pertaining to the action or proceeding, whether part of
the permanent record of the Tribal Court or of a file in the WEN CSP or elsewhere,
are subject to inspection only upon consent of the Tribal Court and all interested
persons, or in exceptional cases only upon an order of the Tribal Court for good cause
shown.
2. Indication of domestic violence. In all actions under this Chapter in which the WEN
CSP provides services to a party or parties to the action, notwithstanding statutory or
other authorization for the child support program to release private data on the
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location of a party to the action, information on the location of one party may not be
released by the WEN CSP to the other party if the tribal child support program has:
a. Knowledge that a protective order with respect to the other party or child has been
entered; or
b. Reason to believe that the release of the information may result in physical or
emotional harm to the other party or child.
3. Authorized Release of Case Records and Other Information.
a. The use or disclosure of personal information received or maintained by the WEN
CSP and the White Earth Tribal Court shall be limited to purposes directly
connected with the WEN CSP and the White Earth Tribal Court or titles IV-A,
XIX, and IV-E, and for purposes prescribed by the Secretary in federal
regulations.
b. Records of the WEN CSP, including case notes and correspondence, may be
disclosed to the following persons and entities, unless otherwise protected by this
section:
(1)
(2)
(3)
(4)
(5)
WEN CSP Staff;
White Earth Tribal Court Judges;
White Earth Tribal Court Clerks and Court Manager for filing purposes.
Tribal Social Services agencies and White Earth Financial Services;
State of Minnesota IV-D employees directly connected with the
administration of Titles IV-D, IV-A, IV-E, and XIX programs, as outlined in
the cooperative agreement between Minnesota and the White Earth Nation;
(6) A court having jurisdiction in parentage, support or abandonment
proceedings or actions;
(7) The legal guardian, attorney, or agent of a child; or
(8) An agency of the federal government or any other state or tribal child
support enforcement IV-D program engaged in the establishment of
paternity, a child support obligation, or the enforcement of support for a
child in a case.
4. The WEN CSP and White Earth Tribal Court may limit the information disclosed to
persons, agencies, and entities named in this section to that information necessary to
accomplish the purposes for which it is requested or for which it is being disclosed.
Nothing in this section gives these entities or persons the right to review or copy the
complete case record.
5. A final order in a proceeding under this Chapter is available for public inspection.
Other White Earth Tribal Court papers and records are available only with the
consent of the parties or on order of the Court for good cause.
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§10C.08
Publication of Proceedings
When providing service by publication, the names of children in the matter shall not be
disclosed. Only the child’s initials shall be published.
§10C.09
Penalty for Unauthorized Disclosure
Any person, including but not limited to any tribal employee, elected officials, court
employees, and employees of the WEN CSP, who willfully discloses otherwise
confidential information related to an action to establish, modify, or enforce child
support, other than expressly authorized and provided for under this Chapter, and who is
found guilty of an unauthorized disclosure of information may be subject to a civil fine
not to exceed five hundred ($500.00) dollars.
§10C.10
Rights of the Parties
Except as otherwise expressly provided in this Chapter, all parties, and their counsel, or
other persons they have selected to represent them, shall be entitled to the following
rights in every proceeding under this Chapter:
1. A statement by the Court to the parties to the action that they have the right under this
Chapter to have a lawyer or other persons they have selected to represent them at the
proceeding, but that they may have to pay for such representation.
2. If it appears that the party cannot pay for counsel, the Court shall inform him or her of
any available services which provide representation.
3. The opportunity to introduce, examine and cross-examine witnesses.
4. The opportunity to discover, offer or inspect evidence.
5. The opportunity to present arguments and statements.
§10C.11
Provision of Legal Services by the WEN CSP Service of Process
1. General. The provision of services under the WEN CSP that includes services by an
attorney or an attorney's representative employed by, under contract to, or
representing the WEN CSP does not create an attorney-client relationship with any
party other than the WEN CSP.
a. Attorneys employed by or under contract with the WEN CSP have an affirmative
duty to inform applicants and recipients of services under the WEN CSP that no
attorney-client relationship exists between the attorney and the applicant or
recipient;
b. This section applies to all legal services provided by the WEN CSP; and
c. The written notice must inform the individual applicant or recipient of services
that no attorney-client relationship exists between the attorney and the applicant
or recipient, the protection of participants’ information and records under section
10C.7 of this Chapter, and that the individual has a right to have an attorney
represent the individual.
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2. Access to address for service of process. If there is an IV-D case, a party may obtain
an ex parte order under this subsection. The party may obtain an ex parte order
requiring the WEN CSP to serve legal documents on the other party by mail if the
party submits a sworn affidavit to the Court stating that:
a. The party needs to serve legal process in a support proceeding and does not have
access to the address of the other party.
b. The party has made reasonable efforts to locate the other party; and
c. The other party is not represented by counsel.
3. The WEN CSP shall serve legal documents provided by the moving party at the last
known address of the other party upon receipt of a court order under paragraph (a).
The WEN CSP shall provide for appropriate service and shall certify to all parties the
date of service by mail. The WEN CSP’s proof of service must not include the place
or address of service
4. If certified mail is returned unsuccessful from the Post Office, the address is valid, the
post office has made 2-3 attempts to deliver mail and has been returned as unclaimed
or refused and there has been successful service of process in previous mailings,
service of process is to deem successful.
§10C.12
Notice
All parties to a proceeding under this Chapter shall receive written notice of the time and
place of a proceeding and shall receive written notice of their right to be heard at such a
proceeding. Child support notices sent by the WEN CSP which do not require service are
sufficient notice when issued and mailed by first class mail to the person's last known
address.
ESTABLISHING A CHILD SUPPORT OBLIGATION – Computation of Gross Income and Support
Using the Child Support Guidelines and Schedule
§10C.13
Mutual Duty to Support Children
Parents shall give their children support and education suitable to the child's
circumstances. The Court may compel either or both parents to provide for the support of
their children.
§10C.14
Minor Children; Support
1. Order. Upon a decree of dissolution, legal separation, or annulment, the Court shall
make a further order which is just and proper concerning the maintenance of the
minor children as provided by this Chapter, and for the maintenance of any child of
the parties as defined as support money under section 10C.02 (dd) of this Chapter.
The Court may make any child support order a lien or charge upon the property of the
obligor, either at the time of the entry of the judgment or by subsequent order upon
proper application.
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2. Seasonal income. The Court shall establish the annual support of an obligor with a
seasonal income so that the obligor makes either the same monthly payments
throughout the year or monthly payments that reflect variations in income.
3. Satisfaction of child support obligation. The Court may conclude that an obligor has
satisfied a child support obligation by providing a home, care, and support for the
child while the child is living with the obligor, if the Court finds that the child was
integrated into the family of the obligor with the consent of the obligee and child
support payments were not assigned to the WEN CSP or another tribal or state
agency.
4. Other custodians. If a child resides with a person other than a parent and the court
approves of the custody arrangement, the Court may order child support payments to
be made to the custodian regardless of whether the person has legal custody.
5. Adjustment to support order. A support order issued under this section may provide
that during any period of time of 30 consecutive days or longer that the child is
residing with the obligor, the amount of support otherwise due under the order may
be reduced.
§10C.15
Award of Maintenance or Support Money
1. Contents of order. Every award of maintenance or support money in a judgment of
dissolution or legal separation shall clearly designate whether the same is
maintenance or support money, or what part of the award is maintenance and what
part is support money. An award of payments from future income or earnings of the
parent with whom the child resides is presumed to be maintenance and an award of
payments from the future income or earnings of the parent with whom the child does
not reside is presumed to be support money, unless otherwise designated by the
Court. In a judgment of dissolution or legal separation the Court may determine, as
one of the issues of the case, whether or not either spouse is entitled to an award of
maintenance notwithstanding that no award is then made, or it may reserve
jurisdiction of the issue of maintenance for determination at a later date.
2. Notice of address or residence change. Every obligor shall notify the obligee and the
WEN CSP, if applicable, of a change of address or residence within 60 days of the
address or residence change. The Court may waive or modify the requirements of this
subdivision by order if necessary to protect the obligor from contact by the obligee.
3. Determination of controlling order. The WEN CSP or a party may request the Court
to determine a controlling order in situations in which more than one order involving
the same obligor and child exists. The Court shall presume that the latest order that
involves the same obligor and joint child is controlling, subject to contrary proof.
§10C.16
Providing Income Information
1. In any case where the parties have joint children for which a child support order must
be determined, the parties shall serve and file with their initial pleadings or motion
documents, a financial affidavit, disclosing all sources of gross income for purposes
of calculating gross income under this Chapter. The financial affidavit shall include
relevant supporting documentation necessary to calculate the parental income for
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
child support, including, but not limited to, pay stubs for the most recent three
months, employer statements, or statements of receipts and expenses if selfemployed. Documentation of earnings and income also include relevant copies of
each parent's most recent federal tax returns, including W-2 forms, 1099 forms,
unemployment benefit statements, workers' compensation statements, and all other
documents evidencing earnings or income as received that provide verification for the
financial affidavit. The WEN CSP shall prepare a financial affidavit form that must
be used by the parties for disclosing information under this section.
2. In addition to the requirements of subsection 1 of this section, at any time after an
action seeking child support has been commenced or when a child support order is in
effect, a party or the WEN CSP may require the other party to give them a copy of the
party's most recent federal tax returns that were filed with the Internal Revenue
Service. The party shall provide a copy of the tax returns within 30 days of receipt of
the request unless the request is not made in good faith. A request under this
paragraph may not be made more than once every two years, in the absence of good
cause.
3. If a parent under the jurisdiction of the Court does not serve and file the Financial
Affidavit with the parent's initial pleading or motion documents, the Court shall set
income for that parent based on credible evidence before the Court or in accordance
with section 10C.20 of this Chapter. Credible evidence may include documentation
of current or recent income and wage reports and the testimony of the other parent
concerning recent earnings and income levels. The Court may consider credible
evidence from one party that the financial affidavit submitted by the other party is
false or inaccurate.
4. If the Court determines that a party does not have access to documents that are
required to be disclosed under this section, the Court may consider the testimony of
that party as credible evidence of that party's income.
§10C.17
Calculation of Gross Income
1. Subject to the exclusions and deductions in this section, gross income includes any
form of periodic payment to an individual, including, but not limited to, salaries,
wages, commissions, self-employment income, workers' compensation,
unemployment benefits, annuity payments, military and naval retirement, pension and
disability payments, spousal maintenance received under a previous order or the
current proceeding, Social Security or veterans benefits provided for a joint child, and
potential income under section 10C.20, gaming winnings, and any form of federal or
tribal trust benefits derived from a person’s status as an enrolled member of any
federally recognized Tribe, including but not limited to general assistance payments,
oil or other mineral royalties, agricultural leases, and water leases. Salaries, wages,
commissions, or other compensation paid by third parties shall be based upon gross
income before participation in an employer-sponsored benefit plan that allows an
employee to pay for a benefit or expense using pretax dollars, such as flexible
spending plans and health savings accounts. No deductions shall be allowed for
contributions to pensions, 401-K, IRA, or other retirement benefits.
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2. Gross income does not include compensation received by a party for employment in
excess of a 40-hour work week, provided that:
a. Child support is ordered in an amount at least equal to the guideline amount based
on gross income not excluded under this section; and
b. The party demonstrates, and the Court finds, that:
(1) The excess employment began after the filing of the petition for dissolution
or legal separation, or a petition related to custody, parenting time, or
support;
(2) The excess employment reflects an increase in the work schedule or hours
worked over that of the two years immediately preceding the filing of the
petition.
(3) The excess employment is voluntary and not a condition of employment.
(4) The excess employment is in the nature of253 additional, part-time or
overtime employment compensable by the hour or fraction of an hour; and
(5) The party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.
3. Expense reimbursements or in-kind payments received by a parent in the course of
employment, self-employment, or operation of a business shall be counted as income
if they reduce personal living expenses.
4. Gross income may be calculated on either an annual or monthly basis. Weekly
income shall be translated to monthly income by multiplying the weekly income by
4.33.
5. Gross income does not include a child support payment received by a party. It is a
rebuttable presumption that adoption assistance payments, guardianship assistance
payments, and foster care subsidies are not gross income.
6. Gross income does not include the income of the obligor's spouse and the obligee's
spouse.
7. Child support or spousal maintenance payments ordered by a Court for a non-joint
child or former spouse or ordered payable to the other party as part of the current
proceeding are deducted from other periodic payments received by a party for
purposes of determining gross income.
8. Gross income does not include state or tribal public assistance received based on
need.
§10C.18
Income from Self-Employment or Operation of a Business
For purposes of section 10C.17, income from self-employment or operation of a business,
including joint ownership of a partnership or closely held corporation, is defined as gross
receipts minus costs of goods sold minus ordinary and necessary expenses required for
self-employment or business operation. Specifically excluded from ordinary and
necessary expenses are amounts allowable by the Internal Revenue Service for the
accelerated component of depreciation expenses, investment tax credits, or any other
business expenses determined by the Court to be inappropriate or excessive for
determining gross income for purposes of calculating child support. The person seeking
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
to deduct an expense, including depreciation, has the burden of proving, if challenged,
that the expense is ordinary and necessary.
§10C.19
Social Security or Veterans’ Benefit Payments Received on Behalf of the Child
1. The amount of the monthly Social Security benefits or apportioned veterans' benefits
provided for a joint child shall be included in the gross income of the parent on whose
eligibility the benefits are based.
2. The amount of the monthly survivors' and dependents' educational assistance
provided for a joint child shall be included in the gross income of the parent on whose
eligibility the benefits are based.
3. If Social Security or apportioned veterans' benefits are provided for a joint child
based on the eligibility of the obligor and are received by the obligee as a
representative payee for the child or by the child attending school, then the amount of
the benefits shall also be subtracted from the obligor's net child support obligation as
calculated pursuant to section 10C.22.
4. If the survivors' and dependents' educational assistance is provided for a joint child
based on the eligibility of the obligor and is received by the obligee as a
representative payee for the child or by the child attending school, then the amount of
the assistance shall also be subtracted from the obligor's net child support obligation
as calculated under section 10C.22.
§10C.20
Potential Income
1. General. If a parent is voluntarily unemployed, underemployed, or employed on a
less than full-time basis, or there is no direct evidence of any income, child support
must be calculated based on a determination of potential income. For purposes of this
determination, it is rebuttably presumed that a parent can be gainfully employed on a
full-time basis. As used in this section, "full time" means 40 hours of work in a week
except in those industries, trades, or professions in which most employers, due to
custom, practice, or agreement, use a normal work week of more or less than 40 hours
in a week.
2. Methods. Determination of potential income must be made according to one of two
methods, as appropriate:
a. The parent's probable earnings level based on employment potential, recent work
history, and occupational qualifications in light of prevailing job opportunities
and earnings levels in the community.
b. If a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the
unemployment compensation or workers' compensation benefit received.
3. Parent not considered voluntarily unemployed or underemployed. A parent is not
considered voluntarily unemployed or underemployed upon a showing by the parent
that:
a. Unemployment or underemployment is temporary and will ultimately lead to an
increase in income; or
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
b. The unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child.
4. TANF recipient. If the parent of a joint child is a recipient of a temporary assistance
to a needy family (TANF) cash grant, no potential income is to be imputed to that
parent.
5. Caretaker. If a parent stays at home to care for a child who is subject to the child
support order, the Court may consider the following factors when determining
whether the parent is voluntarily unemployed or underemployed:
a. The parties' parenting and childcare arrangements before the child support action;
b. The stay-at-home parent's employment history, recency of employment, earnings,
and the availability of jobs within the community for an individual with the
parent's qualifications.
c. The relationship between the employment-related expenses, including, but not
limited to, childcare and transportation costs required for the parent to be
employed, and the income the stay-at-home parent could receive from available
jobs within the community for an individual with the parent's qualifications.
d. The child's age and health, including whether the child is physically or mentally
disabled; and
e. The availability of childcare providers.
This subsection does not apply if the parent stays at home only to care for other
non-joint children.
6. Economic conditions. A self-employed parent is not considered to be voluntarily
unemployed or underemployed if that parent can show that the parent's net selfemployment income is lower because of economic conditions that are directly related
to the source or sources of that parent's income.
§10C.21
Deduction from Income for Non-joint Children
1. When either or both parents are legally responsible for a non-joint child, a deduction
for this obligation shall be calculated under this section if:
a. The non-joint child primarily resides in the parent's household; and
b. The parent is not obligated to pay basic child support for the non-joint child to the
other parent or a legal custodian of the child under an existing child support order.
2. The Court shall use the guidelines schedule in this Chapter to determine the basic
child support obligation for the non-joint child or children by using the gross income
of the parent for whom the deduction is being calculated and the number of non-joint
children primarily residing in the parent's household. If the number of non-joint
children to be used for the determination is greater than two, the determination must
be made using the number two instead of the greater number.
3. The deduction for non-joint children is 50 percent of the guideline amount determined
under subsection 2 of this section.
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
§10C.22
Computation of Child Support Obligations
1. To determine the presumptive child support obligation of a parent, the Court shall
follow the procedure set forth in this section.
2. To determine the obligor's basic support obligation, the Court shall:
a. Determine the gross income of each parent under section 10C.17;
b. Calculate the parental income for determining child support (PICS) of each
parent, by subtracting from the gross income the credit, if any, for each parent's
non-joint children under section 10C.21;
c. Determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
d. Determine the combined basic support obligation by application of the child
support guideline in this Chapter.
e. Determine the obligor's share of the basic support obligation by multiplying the
percentage figure from subsection 2(c) of this section by the combined basic
support obligation in subsection 4 of this section; and
f. Determine the parenting expense adjustment, if any, as provided in section
10C.25, and adjust the obligor's basic support obligation accordingly. If the
parenting time of the parties is presumed equal, section 10C.25, subsection 3,
applies to the calculation of the basic support obligation and a determination of
which parent is the obligor.
3. The Court shall determine the child care support obligation for the obligor as
provided in section 10C.29, if any.
4. The Court shall determine the medical support obligation for each parent as provided
in section 10C.30, if any. Unreimbursed and uninsured medical expenses are not
included in the presumptive amount of support owed by a parent and are calculated
and collected as described in section 10C.30.
5. The Court shall determine each parent's total child support obligation by adding
together each parent's basic support, childcare support, and health care coverage
obligations as provided in this section.
6. If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the Court
shall subtract the amount of benefits from the other parent's net child support
obligation, if any.
7. The final child support order shall separately designate the amount owed for basic
support, childcare support, and medical support. If applicable, the Court shall use the
self-support adjustment and minimum support adjustment under section 10C.31 to
determine the obligor's child support obligation.
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
§10C.23
Guideline Schedule Used in Child Support Determinations
1. Determination of support obligation.
a. The guideline schedule in this section is a rebuttable presumption that the amount
of the award that results from the application of the guideline schedule is the
correct amount of child support to be awarded and shall be used in any judicial or
administrative proceeding to establish or modify a support obligation under this
Chapter. Deviations from the child support guidelines must meet the criteria
under section 10C.26 of this Chapter.
b. The basic child support obligation shall be determined by referencing the
guideline schedule for the appropriate number of joint children and the combined
parental income for determining child support of the parents.
c. If a child is not in the custody of either parent and a support order is sought
against one or both parents, the basic child support obligation shall be determined
by referencing the guideline schedule for the appropriate number of joint children,
and the parent's individual parental income for determining child support, not the
combined parental incomes for determining child support of the parents.
d. If a child is not residing with the parent that has court-ordered or statutory custody
and a support order is sought under section 10C.25-10C.26 against one or both
parents, the basic support obligation must be determined by referencing the
guideline for the appropriate number of joint children and the parents’ individual
income without application of the parenting expense adjustment formula under
section 10C.26
e. For combined parental incomes for determining child support exceeding $15,000
20,000 per month, the presumed basic child support obligations shall be as for
parents with combined parental income for determining child support of $15,000
20,000 per month. A basic child support obligation in excess of this level may be
demonstrated for those reasons set forth in section 10C.25-10C.26.
2. Basic support; guideline schedule. Unless otherwise agreed to by the parents and
approved by the Court, when establishing basic support, the Court must order that
basic support be divided between the parents based on their proportionate share of the
parents' combined monthly parental income for determining child support (PICS).
Basic support must be computed using the following guideline schedule:
Combined Parental Income
For Determining
Child Support
$0- $799
800-899
900-999
1,000- 1,099
1,100- 1,199
1,200- 1,299
WEN CSE Code Revised 1/1/2021
ONE
$50
80
90
116
145
177
Page 19 of 66
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
$50
$75
$75
$100
129
149
173
201
145
167
194
226
161
186
216
251
205
237
275
320
254
294
341
396
SIX
$100
233
262
291
370
459
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
For Determining
Child Support
1,300- 1,399
1,400- 1,499
1,500- 1,599
1,600- 1,699
1,700- 1,799
1,800- 1,899
1,900- 1,999
2,000- 2,099
2,100- 2,199
2,200- 2,299
2,300- 2,399
2,400- 2,499
2,500- 2,599
2,600- 2,699
2,700- 2,799
2,800- 2,899
2,900- 2,999
3,000- 3,099
3,100- 3,199
3,200- 3,299
3,300- 3,399
3,400- 3,499
3,500- 3,599
3,600- 3,699
3,700- 3,799
3,800- 3,899
3,900- 3,999
4,000- 4,099
4,100- 4,199
4,200- 4,299
4,300- 4,399
4,400- 4,499
4,500- 4,599
4,600- 4,699
4,700- 4,799
4,800- 4,899
4,900- 4,999
5,000- 5,099
5,100- 5,199
WEN CSE Code Revised 1/1/2021
ONE
212
251
292
337
385
436
490
516
528
538
546
554
560
570
580
589
596
603
613
623
636
650
664
677
691
705
719
732
746
760
774
787
801
808
814
820
825
831
837
Page 20 of 66
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
309
356
414
480
368
425
493
573
433
500
580
673
502
580
673
781
577
666
773
897
657
758
880
1,021
742
856
994
1,152
832
960
1,114
1,292
851
981
1,139
1,320
867
1,000
1,160
1,346
881
1,016
1,179
1,367
893
1,029
1,195
1,385
903
1,040
1,208
1,400
920
1,060
1,230
1,426
936
1,078
1,251
1,450
950
1,094
1,270
1,472
963
1,109
1,287
1,492
975
1,122
1,302
1,509
991
1,141
1,324
1,535
1,007
1,158
1,344
1,558
1,021
1,175
1,363
1,581
1,034
1,190
1,380
1,601
1,047
1,204
1,397
1,621
1,062
1,223
1,418
1,646
1,077
1,240
1,439
1,670
1,081
1,257
1,459
1,693
1,104
1,273
1,478
1,715
1,116
1,288
1,496
1,736
1,132
1,305
1,516
1,759
1,147
1,322
1,536
1,781
1,161
1,338
1,554
1,802
1,175
1,353
1,572
1,822
1,184
1,368
1,589
1,841
1,200
1,386
1,608
1,864
1,215
1,402
1,627
1,887
1,231
1,419
1,645
1,908
1,246
1,435
1,663
1,930
1,260
1,450
1,680
1,950
1,275
1,468
1,701
1,975
SIX
557
664
780
905
1,040
1,183
1,336
1,498
1,531
1,561
1,586
1,608
1,625
1,655
1,683
1,707
1,730
1,749
1,779
1,807
1,833
1,857
1,880
1,909
1,937
1,963
1,988
2,012
2,039
2,064
2,088
2,111
2,133
2,160
2,186
2,212
2,236
2,260
2,289
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
For Determining
Child Support
5,200- 5,299
5,300- 5,399
5,400- 5,499
5,500- 5,599
5,600- 5,699
5,700- 5,799
5,800- 5,899
5,900- 5,999
6,000- 6,099
6,100- 6,199
6,200- 6,299
6,300- 6,399
6,400- 6,499
6,500- 6,599
6,600- 6,699
6,700- 6,799
6,800- 6,899
6,900- 6,999
7,000- 7,099
7,100- 7,199
7,200- 7,299
7,300- 7,399
7,400- 7,499
7,500- 7,599
7,600- 7,699
7,700- 7,799
7,800- 7,899
7,900- 7,999
8,000- 8,099
8,100- 8,199
8,200- 8,299
8,300 -8,399
8,400- 8,499
8,500- 8,599
8,600- 8,699
8,700- 8,799
8,800- 8,899
8,900- 8,999
9,000- 9,099
WEN CSE Code Revised 1/1/2021
ONE
843
849
854
860
866
873
881
888
895
902
909
916
923
930
936
943
950
957
963
970
974
980
989
998
1,006
1,015
1,023
1,032
1,040
1,048
1,056
1,064
1,072
1,080
1,092
1,105
1,118
1,130
1,143
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NUMBER OF CHILDREN
TWO THREE FOUR FIVE
1,290
1,485
1,722
1,999
1,304
1,502
1,743
2,022
1,318
1,518
1,763
2,046
1,331
1,535
1,782
2,068
1,346
1,551
1,801
2,090
1,357
1,568
1,819
2,111
1,376
1,583
1,837
2,132
1,390
1,599
1,855
2,152
1,404
1,604
1,872
2,172
1,419
1,631
1,892
2,195
1,433
1,645
1,912
2,217
1,448
1,664
1,932
2,239
1,462
1,682
1,951
2,260
1,476
1,697
1,970
2,282
1,490
1,713
1,989
2,305
1,505
1,730
2,009
2,328
1,519
1,746
2,028
2,350
1,533
1,762
2,047
2,379
1,547
1,778
2,065
2,394
1,561
1,795
2,085
2,417
1,574
1,812
2,104
2,439
1,587
1,828
2,123
2,462
1,600
1,844
2,142
2,483
1,613
1,860
2,160
2,505
1,628
1,877
2,180
2,528
1,643
1,894
2,199
2,550
1,658
1,911
2,218
2,572
1,673
1,928
2,237
2,594
1,688
1,944
2,256
2,616
1,703
1,960
2,274
2,637
1,717
1,976
2,293
2,658
1,731
1,992
2,311
2,679
1,746
2,008
2,328
2,700
1,760
2,023
2,346
2,720
1,780
2,047
2,374
2,752
1,801
2,071
2,401
2,784
1,822
2,094
2,429
2,816
1,842
2,118
2,456
2,848
1,863
2,142
2,484
2,880
SIX
2,317
2,345
2,372
2,398
2,424
2,449
2,473
2,497
2,520
2,546
2,572
2,597
2,621
2,646
2,673
2,700
2,727
2,747
2,753
2,758
2,764
2,769
2,775
2,781
2,803
2,833
2,864
2,894
2,925
2,955
2,985
3,016
3,046
3,077
3,107
3,138
3,168
3,199
3,223
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
For Determining
Child Support
9,100- 9,199
9,200- 9,299
9,300- 9,399
9,400- 9,499
9,500- 9,599
9,600- 9,699
9,700- 9,799
9,800- 9,899
9,900- 9,999
10,000-10,099
10,100-10,199
10,200-10,299
10,300-10,399
10,400-10,499
10,500-10,599
10,600-10,699
10,700-10,799
10,800-10,899
10,900-10,999
11,000-11,099
11,100-11,199
11,200-11,299
11,300-11,399
11,400-11,499
11,500-11,599
11,600-11,699
11,700-11,799
11,800-11,899
11,900-11,999
12,000-12,099
12,100-12,199
12,200-12,299
12,300-12,399
12,400-12,499
12,500-12,599
12,600-12,699
12,700-12,799
12,800-12,899
12,900-12,999
WEN CSE Code Revised 1/1/2021
ONE
1,156
1,168
1,181
1,194
1,207
1,219
1,232
1,245
1,257
1,270
1,283
1,295
1,308
1,321
1,334
1,346
1,359
1,372
1,384
1,397
1,410
1,422
1,435
1,448
1,461
1,473
1,486
1,499
1,511
1,524
1,537
1,549
1,562
1,575
1,588
1,600
1,613
1,626
1,638
Page 22 of 66
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
1,884
2,166
2,512
2,912
1,904
2,190
2,539
2,944
1,925
2,213
2,567
2,976
1,946
2,237
2,594
3,008
1,967
2,261
2,622
3,031
1,987
2,285
2,650
3,050
2,008
2,309
2,677
3,069
2,029
2,332
2,705
3,087
2,049
2,356
2,732
3,106
2,070
2,380
2,760
3,125
2,091
2,404
2,788
3,144
2,111
2,428
2,815
3,162
2,132
2,451
2,843
3,181
2,153
2,475
2,870
3,200
2,174
2,499
2,898
3,218
2,194
2,523
2,921
3,237
2,215
2,547
2,938
3,256
2,236
2,570
2,955
3,274
2,256
2,594
2,972
3,293
2,277
2,618
2,989
3,312
2,294
2,642
3,006
3,331
2,306
2,666
3,023
3,349
2,319
2,689
3,040
3,366
2,331
2,713
3,055
3,383
2,344
2,735
3,071
3,400
2,356
2,748
3,087
3,417
2,367
2,762
3,102
3,435
2,378
2,775
3,116
3,452
2,389
2,788
3,131
3,469
2,401
2,801
3,146
3,485
2,412
2,814
3,160
3,501
2,423
2,828
3,175
3,517
2,434
2,841
3,190
3,534
2,445
2,854
3,205
3,550
2,456
2,867
3,219
3,566
2,467
2,880
3,234
3,582
2,478
2,894
3,249
3,598
2,489
2,907
3,264
3,615
2,500
2,920
3,278
3,631
SIX
3,243
3,263
3,284
3,304
3,324
3,345
3,365
3,385
3,406
3,426
3,446
3,467
3,487
3,507
3,528
3,548
3,568
3,589
3,609
3,629
3,649
3,667
3,686
3,705
3,723
3,742
3,761
3,780
3,798
3,817
3,836
3,854
3,871
3,889
3,907
3,924
3,942
3,960
3,977
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
For Determining
Child Support
13,000-13,099
13,100-13,199
13,200-13,299
13,300-13,399
13,400-13,499
13,500-13,599
13,600-13,699
13,700-13,799
13,800-13,899
13,900-13,999
14,000-14,099
14,100-14,199
14,200-14,299
14,300-14,399
14,400-14,499
14,500-14,599
14,600-14,699
14,700-14,799
14,800-14,899
14,900-14,999
15,000 or the amount in effect
under subsection 4 of this section
ONE
1,651
1,664
1,676
1,689
1,702
1,715
1,727
1,740
1,753
1,765
1,778
1,791
1,803
1,816
1,829
1,842
1,854
1,864
1,872
1,879
1,883
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
2,512
2,933
3,293
3,647
2,523
2,946
3,308
3,663
2,534
2,960
3,322
3,679
2,545
2,973
3,337
3,696
2,556
2,986
3,352
3,712
2,567
2,999
3,367
3,728
2,578
3,012
3,381
3,744
2,589
3,026
3,396
3,760
2,600
3,039
3,411
3,777
2,611
3,052
3,425
3,793
2,623
3,065
3,440
3,809
2,634
3,078
3,455
3,825
2,645
3,092
3,470
3,841
2,656
3,105
3,484
3,858
2,667
3,118
3,499
3,874
2,678
3,131
3,514
3,889
2,689
3,144
3,529
3,902
2,700
3,158
3,541
3,916
2,711
3,170
3,553
3,929
2,722
3,181
3,565
3,942
2,727
3,186
3,571
3,949
SIX
3,995
4,012
4,030
4,048
4,065
4,083
4,100
4,118
4,136
4,153
4,171
4,189
4,206
4,224
4,239
4,253
4,268
4,282
4,297
4,311
4,319
ONE
$50
60
75
90
110
130
150
170
190
215
240
265
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
60
70
80
90
75
85
100
110
90
105
125
135
110
130
150
160
130
155
175
185
150
180
200
210
175
205
235
245
200
235
270
285
225
265
305
325
255
300
345
367
285
335
385
409
315
370
425
451
SIX
100
120
145
170
195
220
255
295
335
379
423
467
Combined Parental Income
for Determining
Child Support
$0- $1,399
1,400- 1,499
1,500- 1,599
1,600- 1,699
1,700- 1,799
1,800- 1,899
1,900- 1,999
2,000- 2,099
2,100- 2,199
2,200- 2,299
2,300- 2,399
2,400- 2,499
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
for Determining
Child Support
ONE
WEN CSE Code Revised 1/1/2021
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NUMBER OF CHILDREN
TWO THREE FOUR FIVE
SIX
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
for Determining
Child Support
ONE
WEN CSE Code Revised 1/1/2021
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NUMBER OF CHILDREN
TWO THREE FOUR FIVE
SIX
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
for Determining
Child Support
ONE
WEN CSE Code Revised 1/1/2021
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NUMBER OF CHILDREN
TWO THREE FOUR FIVE
SIX
WHITE EARTH BAND OF OJIBWE TRIBAL CODE
TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Combined Parental Income
for Determining
Child Support
ONE
NUMBER OF CHILDREN
TWO THREE FOUR FIVE
SIX
3. Income cap on determining basic support.
a. The basic support obligation for parents with a combined parental income for
determining child support in excess of the income limit currently in effect under
subsection 2 of this section must be the same dollar amount as provided for the
parties with a combined parental income for determining child support equal to
the income in effect under subsection 2 of this section.
b. The Court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subsection 2 of this section if it finds that
a child has a disability or other substantial, demonstrated need for the additional
support for those reasons set forth in section 10C.26 of this Chapter and that the
additional support will directly benefit the child.
c. The dollar amount for the cap in subsection 2 of this section must be adjusted on
May 1 of every even-numbered year to reflect cost-of-living changes as provided
under section 10C.32 of this Chapter.
4. More than six children. If a child support proceeding involves more than six children,
the Court may derive a support order without specifically following the guideline.
However, the Court must consider the basic principles encompassed by the guideline
and must consider both parents' needs, resources, and circumstances.
5. Mandatory Review of Guidelines. The child support guidelines and schedule
established in this Chapter shall be reviewed and revised, if appropriate, at least once
every four years.
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TITLE 6 – FAMILY RELATIONS CODE
CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
a. The WEN CSP Administrator is responsible for notifying the White Earth Tribal
Court and the Tribal Council when a review of the guidelines is necessary.
b. The White Earth Tribal Court shall organize a guidelines review workgroup that
includes, at a minimum, employees of the Tribal Court appointed by the Chief
Judge and employees of the WEN CSP appointed by the WEN CSP
Administrator.
c. The guidelines review workgroup shall undertake the guidelines review and
revisions and seek timely Tribal Council ratification.
§10C.24
Non-cash support
A non-cash support payment may satisfy a set child support obligation only where:
1. The obligor and obligee agree to the non-cash support as a form of payment and the
Court approves of the non-cash support in the written order;
2. The Court states the specific dollar amount of the child support obligation in the
written order;
3. The Court describes in the written order the type(s) of non-cash support that will be
permitted to satisfy the underlying specific dollar amount of the child support order
and that only 50% of the underlying child support obligation may be met by non-cash
support;
4. The Court provides in the written order that the non-cash support will not be
permitted to satisfy child support obligations that have been assigned to any tribal or
state public agency.
§10C.25
Parenting Expense Adjustment
Presumption. The parenting expense adjustment under this section reflects the presumption that
while exercising parenting time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, transportation, recreation, and household expenses. Every child
support order shall specify the percentage of parenting time granted to or presumed for each parent. For
purposes of this section, the percentage of parenting time means the percentage of time a child is
scheduled to spend with the parent during a calendar year according to a court order. Parenting time
includes time with the child whether it is designated as visitation, physical custody, or parenting time.
The percentage of parenting time may be determined by calculating the number of overnights that a
child spends with a parent, or by using a method other than overnights if the parent has significant time
periods on separate days where the child is in the parent's physical custody and under the direct care of
the parent but does not stay overnight. The Court may consider the age of the child in determining
whether a child is with a parent for a significant period of time.
1. The parenting expense adjustment under this section reflects the presumption that while
exercising parenting time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, clothing, transportation, recreation, and household expenses.
Every child support order shall specify the percentage of parenting time granted to or presumed for
each parent. For purposes of this section, the percentage of parenting time means the percentage of
time a child is scheduled to spend with the parent during a calendar year according to a court order
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
averaged over a two-year period. Parenting time includes time with the child whether it is
designated as visitation, physical custody, or parenting time. The percentage of parenting time may
be determined by calculating the number of overnights or overnight equivalents that a parent spends
with a child pursuant to a court order. For purposes of this section, overnight equivalents are
calculated by using a method other than overnights if the parent has significant time periods on
separate days where the child is in the parent's physical custody and under the direct care of the
parent but does not stay overnight. The court may consider the age of the child in determining
whether a child is with a parent for a significant period of time.
2. If there is not a court order awarding parenting time, the court shall determine the child
support award without consideration of the parenting expense adjustment. If a parenting time order
is subsequently issued or is issued in the same proceeding, then the child support order shall include
application of the parenting expense adjustment.
Subd. 2a. Calculation of parenting expense adjustment.
(a) For the purposes of this section, the following terms have the meanings given:
(1) "parent A" means the parent with whom the child or children will spend the least number of
overnights under the court order; and
(2) "parent B" means the parent with whom the child or children will spend the greatest number
of overnights under the court order.
(b) The court shall apply the following formula to determine which parent is the obligor and
calculate the basic support obligation:
(1) raise to the power of three the approximate number of annual overnights the child or
children will likely spend with parent A;
(2) raise to the power of three the approximate number of annual overnights the child or
children will likely spend with parent B;
(3) multiply the result of clause (1) times parent B's share of the combined basic support
obligation as determined in section 518A.34 10C.22, paragraph (b), clause (5);
(4) multiply the result of clause (2) times parent A's share of the combined basic support
obligation as determined in section 518A.34 10C.22, paragraph (b), clause (5);
(5) subtract the result of clause (4) from the result of clause (3); and
(6) divide the result of clause (5) by the sum of clauses (1) and (2).
(c) If the result is a negative number, parent A is the obligor, the negative number becomes its
positive equivalent, and the result is the basic support obligation. If the result is a positive number,
parent B is the obligor, and the result is the basic support obligation.
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
Subd. 2b. Calculation of basic support when parenting time is equal.
If the parenting time is equal and the parental incomes for determining child support of the parents
also are equal, no basic support shall be paid unless the court determines that the expenses for the
child are not equally shared.
1. No court order for parenting time. If there is no court order awarding parenting time,
the Court shall determine the child support award without consideration of the
parenting expense adjustment. If a parenting time order is subsequently issued or is
issued in the same proceeding, then the child support order shall include application
of the parenting expense adjustment.
3. Calculations may also be calculated by a percentage rate.
Subd 3a. Calculation of parenting expense adjustment. The obligor is entitled to a
parenting expense adjustment calculated as provided in this subsection. The Court
shall:
a. Find the adjustment percentage corresponding to the percentage of parenting time
allowed to the obligor below:
PERCENTAGE RANGE OF
PARENTING TIME
(1) Less than 10 percent
(2) 10 percent to 45 percent
(3) 45.1 percent to 50 percent
ADJUSTMENT PERCENTAGE
No adjustment
12 percent
Presume parenting time is equal
b. Multiply the adjustment percentage by the obligor's basic child support obligation
to arrive at the parenting expense adjustment; and
c. Subtract the parenting expense adjustment from the obligor's basic child support
obligation. The result is the obligor's basic support obligation after parenting
expense adjustment.
Subd 3b. Calculation of basic support when parenting time presumed equal.
a. If the parenting time is equal and the parental incomes for determining child
support of the parents also are equal, no basic support shall be paid unless the
court determines that the expenses for the child are not equally shared.
b. If the parenting time is equal but the parents' parental incomes for determining
child support are not equal, the parent having the greater parental income for
determining child support shall be obligated for basic child support, calculated as
follows:
(1) Multiply the combined basic support calculated under section 10C.22 of this
Chapter by 0.75;
(2) Prorate the amount between the parents based on each parent's proportionate
share of the combined PICS; and
(3) Subtract the lower amount from the higher amount.
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
The resulting figure is the obligation after parenting expense adjustment for the
parent with the greater parental income for determining child support.
§10C.26
Deviations from Child Support Guidelines
1. General factors. Among other reasons, deviation from the presumptive child support
obligation computed under section 10C.22 of this Chapter is intended to encourage
prompt and regular payments of child support and to prevent either parent or the joint
children from living in poverty. In addition to the child support guidelines and other
factors used to calculate the child support obligation under section 10C.22, the Court
must take into consideration the following factors in setting or modifying child
support or in determining whether to deviate upward or downward from the
presumptive child support obligation:
a. All earnings, income, circumstances, and resources of each parent, including real
and personal property, but excluding income from excess employment of the
obligor or obligee that meets the criteria of section 10C.17 (2)(b) of this Chapter;
b. The extraordinary financial needs and resources, physical and emotional
condition, and educational needs of the child to be supported;
c. The standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;
d. Which parent receives the income taxation dependency exemption and the
financial benefit the parent receives from it;
e. The parents' debts as provided in subsection 2 of this section; and
f. The obligor's total payments for court-ordered child support exceed the limitation
set forth in section 10C.46 of this Chapter.
2. Debt owed to private creditors.
a. In establishing or modifying a support obligation, the Court may consider debts
owed to private creditors, but only if:
(1) The right to support has not been assigned to a tribal or state agency;
(2) The Court determines that the debt was reasonably incurred for necessary
support of the child or parent or for the necessary generation of income. If
the debt was incurred for the necessary generation of income, the Court may
consider only the amount of debt that is essential to the continuing
generation of income; and
(3) The party requesting a departure produces a sworn schedule of the debts,
with supporting documentation, showing goods or services purchased, the
recipient of them, the original debt amount, the outstanding balance, the
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
monthly payment, and the number of months until the debt will be fully
paid.
b. A schedule prepared under paragraph (a), clause (3) of this subsection, must
contain a statement that the debt will be fully paid after the number of months
shown in the schedule, barring emergencies beyond the party's control.
c. Any further departure below the guidelines that is based on a consideration of
debts owed to private creditors must not exceed 18 months in duration. After 18
months the support must increase automatically to the level ordered by the Court.
This section does not prohibit one or more step increases in support to reflect debt
retirement during the 18-month period.
d. If payment of debt is ordered pursuant to this section, the payment must be
ordered to be in the nature of child support.
3. Evidence. The Court may receive evidence on the factors in this section to determine
if the guidelines should be exceeded or modified in a particular case.
4. Joint legal custody. An award of joint legal custody is not a reason for deviation from
the guidelines.
5. Self-support limitation. If, after payment of income and payroll taxes, the obligor can
establish that they do not have enough for the self-support reserve, a downward
deviation may be allowed.
§10C.27
Written Findings by the Tribal Court
1. No deviation. If the Court does not deviate from the presumptive child support
obligation computed under section 10C.22 of this Chapter, the Court must make
written findings that state:
a. Each parent's gross income;
b. Each parent's PICS; and
c. Any other significant evidentiary factors affecting the child support
determination.
2. Deviation. If the Court deviates from the presumptive child support obligation
computed under section 10C.22 of this Chapter, the Court must make written findings
that state:
a. Each parent's gross income;
b. Each parent's PICS;
c. The amount of the child support obligation computed under section 10C.22 of this
Chapter;
d. The reasons for the deviation; and
e. How the deviation serves the best interests of the child.
3. Written findings required in every case. The provisions of this section apply whether
or not the parties are each represented by independent counsel and have entered into a
written agreement. The Court must review stipulations presented to it for conformity
with section 10C.22 of this Chapter. The Court is not required to conduct a hearing,
but the parties must provide sufficient documentation to verify the child support
determination and to justify any deviation.
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CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT
§10C.28
Modification of Orders or Decrees
1. Authority. After an order under this Chapter or other tribal law for maintenance or
support money, temporary or permanent, or for the appointment of trustees to receive
property awarded as maintenance or support money, the Court may from time to time,
on motion of either of the parties, a copy of which is served on the WEN CSP if
payments are made through it, or on motion of the WEN CSP, modify the order
respecting the amount of maintenance or support money, and the payment of it, and
also respecting the appropriation and payment of the principal and income of property
held in trust, and may make an order respecting these matters which it might have
made in the original proceeding, except as herein otherwise provided. A party or the
WEN CSP also may bring a motion for contempt of court if the obligor is in arrears in
support or maintenance payments.
2. Modification.
a. An existing child support order may be reviewed only once in a twelve (12)
month period from the date of the last review or modification unless there is new
or additional evidence to support a substantial change in circumstances and/or
ordered differently by the Judge in a previous order. The terms of an order
respecting maintenance or support may be modified upon a showing of one or
more of the following, any of which makes the terms unreasonable and unfair:
(1) Substantially increased or decreased gross income of an obligor or obligee;
(2) Substantially increased or decreased need of an obligor or obligee or the
child or children that are the subject of these proceedings.
(3) Receipt of tribal or state public assistance.
(4) A change in the cost of living for either party as measured by the Federal
Bureau of Labor Statistics, Midwest Consumer Price Index, as provided
under section 10C.32 of this Chapter;
(5) Extraordinary medical expenses of the child not provided for under section
10C.30 of this Chapter;
(6) The addition of work-related or education-related childcare expenses of the
obligee or a substantial increase or decrease in existing work-related or
education-related child care expenses; or
(7) Upon the emancipation of the child, as provided in subsection 5 of this
section.
b. It is presumed that there has been a substantial change in circumstances under
paragraph (a) of this subsection and the terms of a current support order shall be
reputably presumed to be unreasonable and unfair if:
(1) The application of the child support guidelines in this Chapter of this
Chapter, to the current circumstances of the parties results in a calculated
court order that is at least 20 percent and at least $75 per month higher or
lower than the current support order or, if the current support order is less
than $75, it results in a calculated court order that is at least 20 percent per
month higher or lower;
(2) The medical support provisions of the order established under section
10C.30 of this Chapter are not enforceable by the WEN CSP or the obligee;
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c.
d.
e.
f.
(3) Health coverage ordered under section 10C.30 of this Chapter is not
available to the child for whom the order is established by the parent ordered
to provide;
(4) The existing support obligation is in the form of a statement of percentage
and not a specific dollar amount; or
(5) The gross income of an obligor or obligee has decreased by at least 20
percent through no fault or choice of the party.
A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional non-joint child,
which is born after an existing order. Section 10C.21 of this Chapter shall be
considered if other grounds are alleged which allow a modification of support.
On a motion for modification of support, the Court:
(1) Shall apply the guidelines and schedule in this Chapter, and shall not
consider the financial circumstances of each party's spouse, if any; and
(2) Shall not consider compensation received by a party for employment in
excess of a 40-hour work week, provided that the party demonstrates, and
the Court finds, that:
(a) The excess employment began after entry of the existing support
order; and cannot be for the purpose of avoiding proper statement
(b) The excess employment is voluntary and not a condition of
employment;
(c) The excess employment is in the nature of additional, part-time
employment, or overtime employment compensable by the hour or
fractions of an hour;
(d) The party's compensation structure has not been changed for the
purpose of affecting a support or maintenance obligation;
(e) In the case of an obligor, current child support payments are at least
equal to the guidelines amount based on income not excluded under
this section; and
(f) In the case of an obligor who is in arrears in child support payments to
the obligee, any net income from excess employment must be used to
pay the arrearages until the arrearages are paid in full.
A modification of support or maintenance may be made retroactive only with
respect to any period during which the petitioning party has pending a motion for
modification but only from the date of service of notice of the motion on the
responding party and on the WEN CSP if tribal or state public assistance is being
furnished.
Except for an award of the right of occupancy of the homestead, all divisions of
real and personal property shall be final and may be revoked or modified only
where the Court finds the existence of conditions that justify reopening a
judgment under the laws of this tribe. The Court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired
property, is owned by the parties or either of them, for the payment of
maintenance or support money, or may sequester the property.
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3.
4.
5.
6.
7.
§10C.29
g. The Court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.
h. Section 10C.54 of this Chapter shall govern the award of attorney fees for
motions brought under this section.
i. Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying
a child support order.
Maintenance on death or remarriage. Unless otherwise agreed in writing or
expressly provided in the decree, the obligation to pay future maintenance is
terminated upon the death of either party or the remarriage of the party receiving
maintenance.
Child support on death of obligor. Unless otherwise agreed in writing or expressly
provided in the order, provisions for the support of a child are not terminated by the
death of a parent obligated to support the child. When a parent obligated to pay
support dies, the amount of support may be modified, revoked, or commuted to a
lump sum payment, to the extent just and appropriate in the circumstances.
Automatic termination of support.
a. Unless a court order provides otherwise, a child support obligation in a specific
amount per child terminates automatically and without any action by the obligor
to reduce, modify, or terminate the order upon the emancipation of the child.
b. A child support obligation for two or more children that is not a support
obligation in a specific amount per child continues in the full amount until the
emancipation of the last child for whose benefit the order was made, or until
further order of the Court.
c. The obligor may request a modification of the obligor's child support order upon
the emancipation of a child if there are still minor children under the order. The
child support obligation shall be determined based on the income of the parties at
the time the modification is sought.
Form. The Tribal Court shall prepare and make available to court staff, obligors, and
persons to whom child support is owed a form to be submitted by the obligor or the
person to whom child support is owed in support of a motion for a modification of an
order for support or maintenance or for contempt of court.
Child care exception. Child care support must be based on the actual child care
expenses. The Court may provide that a decrease in the amount of the child care
based on a decrease in the actual child care expenses is effective as of the date the
expense is decreased.
Child Care Support
1.
Child care costs. Unless otherwise agreed to by the parties and approved by the
Court, the Court may order that work-related or education-related child care costs of
joint children be divided between the obligor and obligee based on their
proportionate share of the parties' combined monthly PICS. Child care costs shall
be adjusted by the amount of the estimated federal and state child care credit
payable on behalf of a joint child.
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2.
3.
4.
Low-income obligor.
If the obligor's PICS meets the income eligibility
requirements for child care assistance, the Court must order the obligor to pay the
lesser of the following amounts:
a. The amount of the obligor's monthly co-payment for child care assistance, based
on an obligor's monthly PICS and the size of the obligor's household provided
that the obligee is actually receiving child care assistance under the basic sliding
fee program. For purposes of this subsection, the obligor's household includes
the obligor and the number of joint children for whom child support is being
ordered; or
b. The amount of the obligor's child care obligation under subsection 1 of this
section.
Determining costs.
a. The Court must require verification of employment or school attendance and
documentation of child care expenses from the obligee and the WEN CSP, if
applicable.
b. If child care expenses fluctuate during the year because of the obligee's seasonal
employment or school attendance or extended periods of parenting time with the
obligor, the Court must determine child care expenses based on an average
monthly cost.
c. The amount allocated for child care expenses is considered child support but is
not subject to a cost-of-living adjustment.
d. The Court may allow the parent with whom the joint child does not reside to
care for the joint child while the parent with whom the joint child resides is
working or attending school. Allowing the parent with whom the joint child
does not reside to care for the joint child is not a reason to deviate from the
guidelines.
Change in child care.
a. When a court order provides for child care expenses and the WEN CSP
provides child support enforcement services, the WEN CSP must suspend
collecting the amount allocated for child care expenses when:
(1) Either party informs the WEN CSP that no child care costs are being
incurred; and
(2) The WEN CSP verifies the accuracy of the information with the other
party.
The WEN CSP will resume collecting child care expenses when either party
provides information that child care costs have resumed.
b. If the parties provide conflicting information to the WEN CSP regarding
whether child care expenses are being incurred, the WEN CSP will continue or
resume collecting child care expenses. Either party, by motion to the Court,
may challenge the suspension or resumption of the collection of child care
expenses. If the WEN CSP suspends collection activities for the amount
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allocated for child care expenses, all other provisions of the court order remain
in effect.
c. In cases where there is a substantial increase or decrease in child care expenses,
the parties may motion the Court to modify the order under section 10C.28.
§10C.30
Medical Support
1.
Medical Support Order.
a. A completed medical support notice issued by the WEN CSP or a court order
that complies with this section qualifies as a medical child support order.
b. Every order addressing child support must state:
(1) The names, last known addresses, dates of birth, and Social Security
numbers of the parents and the joint child that is a subject of the order
unless the Court prohibits the inclusion of an address or social Security
number and orders the parents to provide the address and Social Security
number to the administrator of the health plan; and family violence maybe
an issue
(2) Whether appropriate health care coverage for the joint child is available
and, if so, state:
(a) Which parent must carry health care coverage;
(b) The cost of premiums and how the cost is allocated between the
parents;
(c) How unreimbursed expenses will be allocated and collected by the
parents; and
(d) The circumstances, if any, under which the obligation to provide
health care coverage for the joint child will shift from one parent to
the other; and
(3) If appropriate health care coverage is not available for the joint child,
whether a contribution for medical support is required.
2.
Determining appropriate health care coverage. Dependent health care coverage is
appropriate if it is accessible by the joint child, provides comprehensive coverage,
and is reasonable in cost.
3.
Ordering health care coverage.
a. If a joint child is presently enrolled in health care coverage, the Court must
order that the parent who currently has the joint child enrolled continue that
enrollment unless the parents agree otherwise or a parent requests a change in
coverage and the Court determines that other health care coverage is more
appropriate.
b. If a joint child is not presently enrolled in health care coverage, upon motion of
a parent or the WEN CSP, the Court must determine whether one or both
parents have appropriate health care coverage for the joint child and order the
parent with appropriate health care coverage available to carry the coverage for
the joint child.
c. If only one parent has appropriate health care coverage available, the Court
must order that parent to carry the coverage for the joint child.
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4.
d. If both parents have appropriate health care coverage available, the court must
order the parent with whom the joint child resides to carry the coverage for the
joint child, unless:
(1) Either parent expresses a preference for coverage available through the
parent with whom the joint child does not reside;
(2) The parent with whom the joint child does not reside is already carrying
dependent health care coverage for other children and the cost of
contributing to the premiums of the other parent's coverage would cause
the parent with whom the joint child does not reside extreme hardship; or
(3) The parents agree to provide coverage and agree on the allocation of costs.
e. If the parents have health care coverage available for the joint child but do not
agree to provide coverage or allocate costs, the Court must determine which
parent has the most appropriate health care coverage available and order that
parent to carry coverage for the joint child. If the Court determines that the
parents’ health care coverage for the joint child is comparable with regard to
accessibility and comprehensiveness, the Court must presume that the parent
with the least costly health care coverage has the most appropriate health care
coverage for the joint child.
f. If neither parent has appropriate health care coverage available, the Court must
order the parents to:
(1) Contribute toward the actual health care costs of the joint children based
on a pro rata share; or
(2) If the joint child is receiving any form of state public medical assistance,
the parent with whom the joint child does not reside shall contribute a
monthly amount toward the actual cost of medical assistance. The amount
of contribution of the noncustodial parent is the amount the noncustodial
parent would pay for the child's premiums if the noncustodial parent's
PICS income meets the eligibility requirements for public coverage. For
purposes of determining the premium amount, the noncustodial parent's
household size is equal to one parent plus the child or children who are the
subject of the child support order. If the noncustodial parent's PICS
income exceeds the eligibility requirements for public coverage, the Court
must order the noncustodial parent's contribution toward the full premium
cost of the child's or children's coverage. The custodial parent may also
have an obligation to contribute to the public coverage and the Court may
order the custodial parent to apply for public coverage for the child.
Medical support costs; unreimbursed and uninsured medical expenses.
a. Unless otherwise agreed to by the parties and approved by the Court, the Court
must order that the cost of health care coverage and all unreimbursed and
uninsured medical expenses under the health plan be divided between the
obligor and obligee based on their proportionate share of the parties' combined
monthly PICS.
b. If a party owes a joint child support obligation for a child and is ordered to carry
health care coverage for the joint child, and the other party is ordered to
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5.
6.
contribute to the carrying party's cost for coverage, the carrying party's child
support payment must be reduced or offset by the amount of the contributing
party's contribution.
c. If a party owes a joint child support obligation for a child and is ordered to
contribute to the other party's cost for carrying health care coverage for the joint
child, the contributing party's child support payment must be increased by the
amount of the contribution.
d. If the party ordered to carry health care coverage for the joint child already
carries dependent health care coverage for other dependents and would incur no
additional premium costs to add the joint child to the existing coverage, the
court must not order the other party to contribute to the premium costs for
coverage of the joint child.
e. If a party ordered to carry health care coverage for the joint child does not
already carry dependent health care coverage but has other dependents who may
be added to the ordered coverage, the full premium costs of the dependent
health care coverage must be allocated between the parties in proportion to the
party's share of the parties' combined PICS, unless the parties agree otherwise.
Notice or court order sent to party's employer, union, or health carrier.
a. The WEN CSP must forward a copy of the medical support order for health care
coverage to the party's employer within 5 business days of the court order.
b. The WEN CSP is not required to forward a copy of the medical support order to
the obligor's employer or union, or to the health carrier, if the Court orders
health care coverage for the joint child that is not employer-based or unionbased coverage.
Employer or union requirements.
a. An employer or union must forward the medical support order to its health plan
administrator within 10 business days after receipt of the court order.
b. The employer or union and health plan administrator must enroll the joint child
as a beneficiary in the health plan, and the employer must withhold any required
premiums from the income or wages of the party ordered to carry health care
coverage for the joint child.
c. If enrollment of the party ordered to carry health care coverage for a joint child
is necessary to obtain dependent health care coverage under the plan, and the
party is not enrolled in the health plan, the employer or union must enroll the
party in the plan.
d. Enrollment of dependents and, if necessary, the party ordered to carry health
care coverage for the joint child must be immediate and not dependent upon
open enrollment periods.
e. Failure of the party ordered to carry health care coverage for the joint child to
execute any documents necessary to enroll the dependent in the health plan does
not affect the obligation of the employer or union and health plan to enroll the
dependent in a plan. Information and authorization provided by the WEN CSP,
or by a party or guardian, is valid for the purposes of meeting enrollment
requirements of the health plan.
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7.
8.
9.
f. An employer or union that is included under the federal Employee Retirement
Income Security Act of 1974 (ERISA), United States Code, title 29, section
1169(a), may not deny enrollment to the joint child.
g. A new employer or union of a party who is ordered to provide health care
coverage for a joint child must enroll the joint child in the party's health plan as
required by the court order.
Employer or union liability.
a. An employer or union that willfully fails to comply with the order or notice is
liable for any uninsured medical expenses incurred by the dependents while the
dependents were eligible to be enrolled in the health plan and for any other
premium costs incurred because the employer or union willfully failed to
comply with the order or notice.
b. An employer or union that fails to comply with the order or notice is subject to a
contempt finding, up to a $250 per day civil penalty, and is subject to a civil
penalty of $500 to $5000, in the discretion of the Court, to be paid to the party
entitled to reimbursement or the WEN CSP. Penalties paid to the WEN CSP are
designated for child support enforcement services.
Contesting enrollment.
a. A party may contest a joint child's enrollment in a health plan on the limited
grounds that the enrollment is improper due to mistake of fact.
b. If the party chooses to contest the enrollment, the party must do so no later than
15 days after the employer notifies the party of the enrollment.
c. The enrollment must remain in place while the party contests the enrollment.
Disenrollment; continuation of coverage; coverage options.
a. Unless a court order provides otherwise, a child for whom a party is required to
provide health care coverage under this section must be covered as a dependent
of the party until the child is emancipated, until further order of the Court, or as
consistent with the terms of the coverage, or until the health carrier, employer,
or union is provided satisfactory written evidence that the court order is no
longer in effect.
b. The health plan must provide 30 days' written notice to the joint child's parents,
and the WEN CSP before the health plan dis-enrolls or eliminates the joint
child's coverage.
c. A joint child enrolled in health care coverage under a qualified medical child
support order, under this section is a dependent and a qualified beneficiary
under the Consolidated Omnibus Budget and Reconciliation Act of 1985
(COBRA), Public Law 99-272. Upon expiration of the order, the joint child is
entitled to the opportunity to elect continued coverage that is available under the
health plan. The employer or union must provide notice to the parties and the
WEN CSP, if it provides support services on the case, within ten days of the
termination date.
d. If a plan administrator reports to the WEN CSP that there is more than one
coverage option available under the health plan, the WEN CSP, in consultation
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10.
11.
with the parent with whom the joint child resides, must promptly select
coverage from the available options in accordance with this section.
Spousal or former spousal coverage. The Court must require the parent with whom
the joint child does not reside to provide dependent health care coverage for the
benefit of the parent with whom the joint child resides if the parent is ordered to
provide dependent health care coverage for the parties' joint child and adding the
other parent to the coverage results in no additional premium cost.
Disclosure of information.
a. The parties must provide the WEN CSP with the following information:
(1) Information relating to dependent health care coverage or public coverage
available for the benefit of the joint child for whom support is sought,
including all information required to be included in a medical support
order under this section;
(2) Verification that application for court-ordered health care coverage was
made within 14 days of the Court's order; and
(3) The reason that a joint child is not enrolled in court-ordered health care
coverage, if a joint child is not enrolled in coverage or subsequently loses
coverage.
b. Upon request from the WEN CSP under this section or pursuant to a court
order, an employer, union, or plan administrator, including an employer subject
to the federal Employee Retirement Income Security Act of 1974 (ERISA),
United States Code, title 29, section 1169(a), must provide the WEN CSP the
following information:
(1) Information relating to dependent health care coverage available to a party
for the benefit of the joint child for whom support is sought, including all
information required to be included in a medical support order under this
section; and
(2) Information that will enable the WEN CSP to determine whether a health
plan is appropriate for a joint child, including, but not limited to, all
available plan options, any geographic service restrictions, and the
location of service providers.
c. The employer, union, or plan administrator must not release information
regarding the location or whereabouts of one party to the other party. The
employer, union, or plan administrator must provide both parties with insurance
identification cards and all necessary written information to enable the parties to
utilize the insurance benefits for the covered dependent.
d. The WEN CSP is authorized to release to a party's employer, union, or health
plan information necessary to verify availability of dependent health care
coverage, or to establish, modify, or enforce medical support.
e. An employee must disclose to an employer if medical support is required to be
withheld under this section and the employer must begin withholding according
to the terms of the order. If an employee discloses an obligation to obtain health
care coverage and coverage is available through the employer, the employer
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12.
13.
14.
must make all application processes known to the individual and enroll the
employee and dependent in the plan.
Child support enforcement services. The WEN CSP may take necessary steps to
establish and enforce an order for medical support if a party completes an
application for services from the WEN CSP.
Enforcement of medical support.
a. Remedies available for collecting and enforcing child support apply to medical
support.
b. For the purpose of enforcement, the following are additional support:
(1) The costs of individual or group health or hospitalization coverage;
(2) Dental coverage;
(3) Medical costs ordered by the Court to be paid by either party, including
health and dental insurance premiums paid by the obligee because of the
obligor's failure to obtain coverage as ordered; and
(4) Liabilities established under this subsection.
c. A party who fails to carry court-ordered dependent health care coverage is liable
for the joint child's uninsured medical expenses unless a court order provides
otherwise. A party's failure to carry court-ordered coverage, or to provide other
medical support as ordered, is a basis for modification of a support order under
this act.
d. Payments by the health carrier or employer for services rendered to the
dependents that are directed to a party not owed reimbursement must be
endorsed over to and forwarded to the vendor or appropriate party or the WEN
CSP. A party retaining insurance reimbursement not owed to the party is liable
for the amount of the reimbursement.
Offset.
a. If a party is the parent with primary physical custody and is ordered to
contribute to the other party's cost for carrying health care coverage for the joint
child, the other party's child support obligation is subject to an offset.
b. The WEN CSP may remove the offset to a party's child support obligation
when:
(1) The party's court-ordered health care coverage for the joint child
terminates;
(2) The party does not enroll the joint child in other health care coverage; and
(3) A modification motion is not pending.
The WEN CSP must provide notice to the parties of the action.
15.
c. A party may contest the WEN CSP's action to remove the offset to the child
support obligation.
Unreimbursed or uninsured medical expenses. This subsection and subsection 16
apply when a court order has determined and ordered the parties' proportionate
share and responsibility to contribute to unreimbursed or uninsured medical
expenses incurred within two years previous to the court filing. After verification
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16.
§10C.31
of the unreimbursed or uninsured medical expenses, the Court shall order these
expenses to be paid by the obligor as part of child support obligation in addition to
the regular child support required or ordered.
Enforcing unreimbursed or uninsured medical expenses as arrears.
a. Unreimbursed or uninsured medical expenses enforced under this subsection
may be collected as arrearages.
b. If the liable party is the parent with primary physical custody, the unreimbursed
or uninsured medical expenses must be deducted from any arrears the
requesting party owes the liable party. If unreimbursed or uninsured expenses
remain after the deduction, the expenses must be added and collected as arrears
owed by the liable party.
c. If the liable party is not the parent with primary physical custody, the
unreimbursed or uninsured medical expenses must be added to the current child
support amount currently order and collected as arrears owed by the liable party.
Ability to Pay; Self-Support Adjustment
1. Ability to pay. It is a rebuttable presumption that a child support order should not
exceed the obligor's ability to pay. To determine the amount of child support the
obligor has the ability to pay, the Court shall follow the procedure set out in this
section.
a. The Court shall calculate the obligor's income available for support by subtracting
a monthly self-support reserve equal to 120 percent of the federal poverty
guidelines for one person from the obligor's gross income. If the obligor's income
available for support calculated under this paragraph is equal to or greater than the
obligor's support obligation calculated under section 10C.22 of this Chapter, the
Court shall order child support under section 10C.22.
b. If the obligor's income available for support calculated under paragraph (a) of this
subsection is more than the minimum support amount under subsection 2 of this
section, but less than the guideline amount under section 10C.22, then the Court
shall apply a reduction to the child support obligation in the following order, until
the support order is equal to the obligor's income available for support:
(1) Medical support obligation;
(2) Child care support obligation; and
(3) Basic support obligation.
c. If the obligor's income available for support calculated under paragraph (a) of this
subsection is equal to or less than the minimum support amount under subsection
2 of this section or if the obligor's gross income is less than 120 percent of the
federal poverty guidelines for one person, the minimum support amount under
subsection 2 of this section applies.
2. Minimum basic support amount. If the basic support amount applies, the Court must
order the following amount as the minimum basic support obligation:
a. For one or two children, the obligor's basic support obligation is $50 per month;
b. For three or four children, the obligor's basic support obligation is $75 per month;
and
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c. For five or more children, the obligor's basic support obligation is $100 per
month.
3. If the Court orders the obligor to pay the minimum basic support amount under
subsection 2 of this section, the obligor is presumed unable to pay child care support
and medical support.
4. If the Court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under subsection 2 of this section
does not apply.
5. Exception. This section does not apply to an obligor who is incarcerated.
§10C.32
Cost-of-Living Adjustments (COLA) in Maintenance or Child Support Order
1. Requirement. An order establishing, modifying, or enforcing maintenance or child
support may provide for a biennial adjustment in the amount to be paid based on a
change in the cost of living by the request of either party. An order that provides for a
cost-of-living adjustment shall specify the cost-of-living index to be applied and the
date on which the cost-of-living adjustment shall become effective. The Court shall
use the U.S. Bureau of Labor’s Midwest Consumer Price Index or another cost-ofliving index which it specifically finds is more appropriate. Cost-of-living increases
under this section shall be compounded. The Court may also increase the amount by
more than the cost-of-living adjustment by agreement of the parties or by making
further findings.
2. Date Effective. The adjustment becomes effective on the first of May of the year in
which it is made, for cases in which payment is made to the WEN CSP. For cases in
which payment is not made to the WEN CSP, application for an adjustment may be
made in any month but no application for an adjustment may be made sooner than
two years after the date of the dissolution decree. The Court may waive the
requirement of the cost-of-living clause if it expressly finds that the obligor's
occupation or income, or both, does not provide for cost-of-living adjustment or that
the order for maintenance or child support has a provision such as a step increase that
has the effect of a cost-of-living clause. The Court may waive a cost-of-living
adjustment in a maintenance order if the parties so agree in writing.
3. Notice. No adjustment under this section may be made unless the order provides for
it and the WEN CSP or the obligee, if the obligee is requesting the cost-of-living
adjustment, sends notice of the intended adjustment to the obligor at the obligor's last
known address at least 30 days before the effective date of the adjustment. The notice
shall inform the obligor of the date on which the adjustment will become effective
and the procedures for contesting the adjustment.
4. Procedures for contesting adjustment.
a. To contest cost-of-living adjustments initiated by the WEN CSP or an obligee
who has applied for or is receiving child support and maintenance collection
services from the WEN CSP, other than income withholding only services, the
obligor, before the effective date of the adjustment, must:
(1) File a motion contesting the cost-of-living adjustment with the Tribal Court
Manager; and
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(2) Serve the motion by first-class mail on the WEN CSP and the obligee.
b. To contest cost-of-living adjustments initiated by an obligee who is not receiving
child support and maintenance collection services from the WEN CSP, or for an
obligee who receives income withholding only services from the WEN CSP, the
obligor must, before the effective date of the adjustment:
(1) File a motion contesting the cost-of-living adjustment with the Tribal Court
Manager; and
(2) Serve the motion by first-class mail on the obligee.
5.
The hearing shall take place in Tribal Court.
c. Upon receipt of a motion contesting the cost-of-living adjustment, the cost-ofliving adjustment shall be stayed pending further order of the Court.
d. The Tribal Court Manager shall make available pro se motion forms for
contesting a cost-of-living adjustment under this subsection.
Result of hearing. If, at a hearing pursuant to this section, the obligor establishes an
insufficient cost of living or other increase in income that prevents fulfillment of the
adjusted maintenance or child support obligation, the Court may direct that all or
part of the adjustment not take effect. If, at the hearing, the obligor does not
establish this insufficient increase in income, the adjustment shall take effect as of
the date it would have become effective had no hearing been requested.
DUTY TO REPORT RECEIPT OF PUBLIC ASSISTANCE TO THE WEN CSP
§10C.33
Notice to the WEN CSP – Receipt of Public Assistance
The petitioner shall notify the WEN CSP of all proceedings for dissolution, legal
separation, determination of parentage or for the custody of a child, if either party is
receiving public assistance or applies for it subsequent to the commencement of the
proceeding. The notice must contain the full names of the parties to the proceeding, their
Social Security account numbers, and their birth dates. After receipt of the notice, the
Court shall set child support as provided in section 10C.23 of this Chapter. The Court
may order either or both parents owing a duty of support to a child of the marriage to pay
an amount reasonable or necessary for the child's support, without regard to marital
misconduct. The Court shall approve a child support stipulation of the parties if each
party is represented by independent counsel, unless the stipulation does not meet the
conditions of section 10C.23. In other cases the Court shall determine and order child
support in a specific dollar amount in accordance with the guidelines and the other factors
set forth in section 10C.23 and any departure therefrom. The Court may also order the
obligor to pay child support in the form of a percentage share of the obligor's net bonuses,
commissions, or other forms of compensation, in addition to, or if the obligor receives no
base pay, in lieu of, an order for a specific dollar amount.
§10C.34
Failure of Notice
If the Court in a dissolution, legal separation or determination of parentage proceeding,
finds before issuing the order for judgment and decree, that notification of the receipt of
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public assistance has not been given to the WEN CSP, the Court shall set child support as
provided in section 10C.23 of this Chapter. In those proceedings in which no notification
has been made pursuant to section 10C.33 and in which the WEN CSP determines that
the judgment is lower than the child support required by the guidelines in section 10C.23,
it shall move the Court for a redetermination of the support payments ordered so that the
support payments comply with the guidelines.
§10C.35
Reserved – Assignment of Rights; Intervention by the WEN CSP
§10C.36
Reserved – Fees for IV-D Services
LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEES BY THE WEN CSP
§10C.37
Location Activities of the WEN CSP
1. Requirement. The WEN CSP must attempt to locate obligors, obligees, or sources of
income and/or assets when location is required to take necessary action in a case.
2. When locate is necessary. Location of an obligor is deemed necessary whenever the
WEN CSP has no verified address or employer for obligor. Location of an obligee is
deemed necessary when forms mailed to the last known address of the obligee are
repeatedly returned “undeliverable” with no forwarding address or when child
support collections disbursed to the obligee are returned “undeliverable” from the last
known address, as provided under section 10C.38 (8) of this Chapter. Location of an
obligor’s source(s) of income may be necessary for the establishment of a child
support obligation or when enforcement of a child support obligation is required.
3. Type of locate required. All sources of locate available to the WEN CSP should be
used to perform locate actions.
PAYMENTS, COLLECTIONS, INCOME WITHHOLDING, ARREARS, ENFORCEMENT
REMEDIES
§10C.38
Mandatory Payment of Child Support Obligations to the White Earth Child
Support Payment Center
1. All payments for child support sent to WEN CSP Payment Center. In any action in
which the Court orders that payments for child support be made, including, but not
limited to, a support order establishing an order for past support or reimbursement of
public assistance, the Court shall provide in its order that the payments be paid to the
WEN CSP Payment Center for remittance to the obligee.
2. Information required. Each party subject to the order shall immediately inform the
WEN CSP Payment Center of the party’s:
a. Social security number;
b. Date of birth;
c. Residential and mailing addresses and any change of address;
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d.
e.
f.
g.
3.
4.
5.
6.
7.
8.
§10C.39
Telephone number;
Motor vehicle operator’s license number;
Employer’s name, address, and telephone number; and
Change of any other condition which may affect the proper administration of this
Chapter.
Notice in order required. Each order for payment of child support must notify each
party of the requirements in subsection 2 of this section and require the party to
provide the information within ten days from the date of the order or ten days after
any change in the information.
Duration of duty to report information. The requirements of subsection 2 of this
section continue in effect until all child support obligations have been satisfied with
respect to each child subject to the order.
Transmittal of funds from the obligor or payor of funds to the WEN CSP Payment
Center. The obligor or other payor of funds shall identify the obligor on the check or
remittance by name, payor number, and Social Security number, and shall comply
with section 10C.46 of this Chapter.
Sanction for checks drawn on insufficient funds. A notice may be directed to any
person or entity submitting a check drawn on insufficient funds stating that future
payment must be paid by cash or certified funds. The WEN CSP Payment Center and
the WEN CSP may refuse a check from a person or entity that has been given notice
that payments must be in cash or certified funds.
Admissibility of payment records. A copy of the record of payments maintained by
the WEN CSP Payment Center is admissible evidence in court as proof of payments
made through the WEN CSP Payment Center without the need of testimony to prove
authenticity.
Unclaimed support funds. If support payments have not been disbursed to an obligee
because the obligee is not located, the WEN CSP shall continue locate efforts
following established policy and procedures for locate.
Collections
1. Distribution of Collections. Upon receipt of child support payments as provided for in
section 10C.38, the WEN CSP must, in a timely manner:
a. Apply collections first to satisfy current support obligations; and
b. Pay all support collections to the family unless the WEN CSP has received a
request for assistance in collecting support on behalf of the family from another
tribal or state child support enforcement IV-D agency.
c. Monthly amounts received by the WEN CSP from the obligor that are greater
than the monthly amount of public assistance granted to the obligee must be
remitted to the obligee.
d. Distribution of Collections will be processed no later than 72 hours from the date
of receipt, unless otherwise when payments are held in futures; CP is in the
process of providing account information; CP in locate; or support payment has
been returned back to the agency due to EFT account being closed.
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2. Exception. When the collections stem from a federal income tax refund offset, they
must be applied to satisfy child support arrearages.
§10C.40
Overpayments
If child support or maintenance is not assigned and an obligor has overpaid a child
support or maintenance obligation because of a modification or error in the amount owed,
the WEN CSP shall:
1. Apply the amount of the overpayment to reduce the amount of any child support or
maintenance-related arrearages or debts owed to the obligee; and
2. If an overpayment exists after the reduction of any arrearage or debt, reduce the
amount of the child support remitted to the obligee by an amount no greater than 20
percent of the current monthly support or maintenance obligation and remit this
amount to the obligor until the overpayment is reduced to zero.
§10C.41
Arrears
1. Notice of arrears. Whenever there is failure to make the payments as required under
section 10C.38 of this Chapter, the clerk of court may, and upon request of the
obligee or WEN CSP, shall send notice of the arrears by first-class mail, with
affidavit of service, to the person required to make the payments, or request a Tribal
Court judge to issue a citation for contempt of court against the person who has failed
to make the payments as provided under section 10C.52. The citation may be served
on that person by first-class mail with affidavit of service to the person’s last-known
address.
2. Remedies for cases with arrears. Remedies available for the collection and
enforcement of support in this Chapter apply to cases with arrearages, including those
in which the child or children for whom support is owed are emancipated and the
obligor owes past support or has an accumulated arrearage as of the date of the
youngest child's emancipation. Child support arrearages under this section include
arrearages for child support, medical support, child care, and unreimbursed medical
expenses.
§10C.42
Interest on Arrearages
In the discretion of the Tribal Court, arrearages stemming from White Earth Tribal Court
orders may not incur interest.
§10C.43
Reserved – Reporting of Arrears
§10C.44
Child Support Debt and Arrearage Management
In order to reduce and otherwise manage support debts and arrearages, the parties may,
under the approval of the Court and considering the best interests of the child,
compromise unpaid support debts or arrearages owed by one party to another, whether or
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not docketed as a judgment. A party may agree or disagree to compromise only those
debts or arrearages owed to that party.
§10C.45
Payment Agreements
In proposing or approving proposed written payment agreements for purposes of this
Chapter, the Court or the WEN CSP shall take into consideration the amount of the
arrearages, the amount of the current support order, any pending request for modification,
and the earnings of the obligor. The Court or WEN CSP shall consider the individual
financial circumstances of each obligor in evaluating the obligor's ability to pay any
proposed payment agreement and shall propose a reasonable payment agreement tailored
to the individual financial circumstances of each obligor. The Court or WEN CSP also
shall consider a graduated payment plan tailored to the individual financial circumstances
of each obligor.
§10C.46
Income Withholding
1. Application. This section applies to all support orders and income withholding issued
by the Court.
2. Order. Every support order must address income withholding. Whenever a support
order is initially entered or modified, the full amount of the support order may be
subject to income withholding from the income of the obligor unless a waiver has
been granted by the Court under this section. Every order for support shall provide
for a conspicuous notice of the provisions of this section. An order without this
notice remains subject to this section. This section applies regardless of the source of
income of the person obligated to pay the support.
A payor of funds shall implement income withholding according to this section upon
receipt of an order for or notice of withholding from the WEN CSP or Tribal Court.
The WEN CSP and Court shall issue the order and notice of withholding on the
standard federal income withholding form.
3. Collection services.
a. The WEN CSP shall prepare and make available to the Court a notice of services
that explains child support collection services available through the WEN CSP,
including income withholding. Upon receiving a petition for dissolution of
marriage or legal separation, the Tribal Court manager shall promptly send the
notice of services to the petitioner and respondent at the addresses stated in the
petition.
b. Either the obligee or obligor may at any time apply to the WEN CSP for IV-D
services.
c. If the obligee is not a current recipient of public assistance, the person who
applied for IV-D services may at any time choose to terminate IV-D services
regardless of whether income withholding is currently in place. The obligee or
obligor may reapply for IV-D services at any time.
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d. When a person terminates IV-D services, if an arrearage for public assistance
exists, the WEN CSP may continue income withholding, as well as use any other
enforcement remedy for the collection of child support, until all public assistance
arrears are paid in full. Income withholding shall be in an amount equal to 20
percent of the support order in effect at the time the services terminated.
4. Payor of funds responsibilities and liabilities for failure to withhold and
discrimination.
a. An order for or notice of withholding is binding on a payor of funds upon receipt.
Withholding must begin no later than the first pay period that occurs after 14 days
following the date of receipt of the order for or notice of withholding. In the case
of a financial institution, preauthorized transfers must occur in accordance with a
court-ordered payment schedule.
b. A payor of funds shall withhold from the income payable to the obligor the
amount specified in the order or notice of withholding and amounts specified
under subsections 5 and 8 of this section and shall remit the amounts withheld to
the WEN CSP within seven business days of the date the obligor is paid the
remainder of the income. The payor of funds shall include with the remittance the
Social Security number of the obligor and the date the obligor is paid the
remainder of the income. The obligor is considered to have paid the amount
withheld as of the date the obligor received the remainder of the income. A payor
of funds may combine all amounts withheld from one pay period into one
payment to the WEN CSP, but shall separately identify each obligor making
payment.
c. A payor of funds shall not discharge, or refuse to hire, or otherwise discipline an
employee as a result of wage or salary withholding authorized by this section. A
payor of funds shall be liable to the obligee for any amounts required to be
withheld. A payor of funds is liable for reasonable attorney fees of the obligee or
WEN CSP incurred in enforcing the liability under this paragraph. A payor of
funds that has failed to comply with the requirements of this section is subject to
contempt sanctions under section 10C.53 of this Chapter. If the payor of funds is
an employer or independent contractor and violates this subsection, the Court may
award the obligor twice the wages lost as a result of this violation. If the Court
finds a payor of funds violated this subsection, the Court may impose a civil fine
of up to $500. The liabilities in this paragraph apply to intentional noncompliance
with this section.
d. If a single employee is subject to multiple withholding orders or multiple notices
of withholding for the support of more than one child, the payor of funds shall
comply with all of the orders or notices to the extent that the total amount
withheld from the obligor's income does not exceed the limits imposed under the
Consumer Credit Protection Act, United States Code, title 15, section 1673(b),
giving priority to amounts designated in each order or notice as current support as
follows:
(1) If the total of the amounts designated in the orders for or notices of
withholding as current support exceeds the amount available for income
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withholding, the payor of funds shall allocate to each order or notice an
amount for current support equal to the amount designated in that order or
notice as current support, divided by the total of the amounts designated in
the orders or notices as current support, multiplied by the amount of the
income available for income withholding; and
(2) If the total of the amounts designated in the orders for or notices of
withholding as current support does not exceed the amount available for
income withholding, the payor of funds shall pay the amounts designated as
current support, and shall allocate to each order or notice an amount for past
due support, equal to the amount designated in that order or notice as past
due support, divided by the total of the amounts designated in the orders or
notices as past due support, multiplied by the amount of income remaining
available for income withholding after the payment of current support.
e. When an order for or notice of withholding is in effect and the obligor's
employment is terminated, the obligor and the payor of funds shall notify the
WEN CSP of the termination within ten days of the termination date. The
termination notice shall include the obligor's home address and the name and
address of the obligor's new payor of funds, if known.
f. A payor of funds may deduct one dollar from the obligor's remaining salary for
each payment made pursuant to an order for or notice of withholding under this
section to cover the expenses of withholding.
5. Child support deposit account. If income withholding is ineffective due to the
obligor's method of obtaining income, the Court may order the obligor to identify a
child support deposit account owned solely by the obligor, or to establish an account,
in a financial institution located on the White Earth Reservation for the purpose of
depositing court-ordered child support payments. The Court shall order the obligor to
execute an agreement with the appropriate WEN CSP for preauthorized transfers
from the obligor's child support account payable to an account of the WEN CSP. The
Court may order the obligor to disclose to the Court all deposit accounts owned by
the obligor in whole or in part in any financial institution. The Court may order the
obligor to disclose to the Court the opening or closing of any deposit account owned
in whole or in part by the obligor within 30 days of the opening or closing. The Court
may order the obligor to execute an agreement with the WEN CSP for preauthorized
transfers from any deposit account owned in whole or in part by the obligor to the
obligor's child support deposit account if necessary to satisfy court-ordered child
support payments. An obligor who fails to comply with this subsection, fails to
deposit funds in at least one deposit account sufficient to pay court-ordered child
support, or stops payment or revokes authorization of any preauthorized transfer is
subject to contempt of court procedures under this Chapter.
6. Subsequent income withholding.
a. This subsection applies to support orders that do not contain provisions for
income withholding.
b. For cases in which the WEN CSP is providing child support enforcement services
to the parties, the income withholding under this subsection shall take effect
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without prior judicial notice to the obligor and without the need for judicial or
administrative hearing. Withholding shall result when:
(1) The obligor requests it in writing to the WEN CSP; or
(2) The obligee or obligor serves on the WEN CSP a copy of the notice of
income withholding issued by the Tribal Court or registered in the Tribal
Court, a copy of the Court's order, and an application for WEN CSP IV-D
services.
(3) The obligor has failed to make child support payments in an amount equal to
the support owed for one month.
c. For cases in which the WEN CSP is not providing child support services to the
parties, income withholding under this subsection shall take effect when an
obligee requests it by making a written motion to the Court and the Court finds
that previous support has not been paid on a timely consistent basis or that the
obligor has threatened expressly or otherwise to stop or reduce payments.
d. The WEN CSP shall promptly send to the obligor at the obligor's last known
address, notice that withholding has commenced. The notice shall include the
information provided to the payor of funds in the notice of withholding.
7. Contest – Mistake of fact.
a. The obligor may contest withholding the limited grounds that the withholding or
the amount withheld is improper due to mistake of fact.
b. The income withholding must remain in place while the obligor contests the
withholding.
c. If the Court finds a mistake in the amount of the arrearage to be withheld, the
Court shall continue the income withholding, but it shall correct the amount of the
arrearage to be withheld.
8. Priority and withholding limits under the Consumer Credit Protection Act.
a. An order for or notice of withholding under this section or execution or
garnishment upon a judgment for child support arrearage or pre-adjudicated
expenses shall have priority over an attachment, execution, garnishment, or wage
assignment and shall not be subject to the statutory limitations on amounts levied
against the income of the obligor. Amounts withheld from an employee's income
must not exceed the maximum permitted under the Consumer Credit Protection
Act, title 15 of the United States Code, section 1673(b).
b. If more than one order for or notice of withholding exists involving the same
obligor and child, the WEN CSP shall enforce the most recent order or notice. An
order for or notice of withholding that was previously implemented according to
this section shall end as of the date of the most recent order. The WEN CSP shall
notify the payor of funds to withhold under the most recent withholding order or
notice.
9. Arrearage order.
a. This section does not prevent the Court from ordering the payor of funds to
withhold amounts to satisfy the obligor's previous arrearage in support order
payments. This remedy shall not operate to exclude availability of other remedies
to enforce judgments. The employer or payor of funds shall withhold from the
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obligor's income an additional amount equal to 20 percent of the monthly child
support or maintenance obligation until the arrearage is paid.
b. Notwithstanding any law to the contrary, funds from income sources included in
section 10C.02 (g) of this Chapter, whether periodic or lump sum, are not exempt
from attachment or execution upon a judgment for child support arrearage.
c. Absent an order to the contrary, if an arrearage exists at the time a support order
would otherwise terminate, income withholding shall continue in effect or may be
implemented in an amount equal to the support order plus an additional 20
percent of the monthly child support obligation, until all arrears have been paid in
full.
10. Lump-sum payments. Before transmittal to the obligor of a lump-sum payment of
$500 or more including, but not limited to, severance pay, accumulated sick pay,
vacation pay, bonuses, commissions, or other pay or benefits, a payor of funds:
a. Who has been served with an order for or notice of income withholding under this
section shall:
(1) Notify the WEN CSP of the lump-sum payment that is to be paid to the
obligor;
(2) Hold the lump-sum payment for 30 days after the date on which the lumpsum payment would otherwise have been paid to the obligor; and
(3) Upon order of the Court, and after a showing of past willful nonpayment of
support, pay any specified amount of the lump-sum payment to the WEN
CSP for future support; or
b. Shall pay the lesser of the amount of the lump-sum payment or the total amount
of the judgment and arrearages upon service by United States mail of a sworn
affidavit from the WEN CSP or a court order that includes the following
information:
(1) That a judgment entered pursuant to tribal law exists against the obligor, or
that other support arrearages exist;
(2) The current balance of the judgment or arrearage; and
(3) That a portion of the judgment or arrearage remains unpaid.
c. The Consumer Credit Protection Act, title 15 of the United States Code, section
1673(b), does not apply to lump-sum payments.
11. Interstate income withholding.
a. Upon receipt of an order for support entered in another tribe or state and the
registration of the foreign order, the WEN CSP shall initiate income withholding.
A payor of funds within the exterior boundaries of the White Earth Reservation
shall withhold income based on foreign court orders for withholding registered in
the White Earth Tribal Court.
b. An employer receiving an income withholding notice from another tribe or state
that has been registered in the White Earth Tribal Court shall withhold and
distribute the funds as directed in the withholding notice and shall apply the law
of the obligor's principal place of employment when determining:
(1) The employer's fee for processing an income withholding notice;
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(2) The maximum amount permitted to be withheld from the obligor's income;
and
(3) Deadlines for implementing and forwarding the child support payment.
(4) An obligor may contest withholding under this subsection as provided for in
this section.
c. An employer receiving an income withholding order or notice from another tribe
or state that has not been registered in the White Earth Tribal Court must forward
the order or notice to the WEN CSP for registration before withholding and
distributing the funds under the order.
12. Order and procedures for terminating income withholding. An order terminating
income withholding must specify the effective date of the order and reference the
initial order or decree that establishes the support obligation and shall be entered by
the Court once the following conditions have been met:
a. The party initiating termination of the income withholding order serves written
notice of the motion for termination of income withholding by mail upon the
other party to the case at that party’s last known mailing address, and a duplicate
copy of the motion is served on the WEN CSP, if the WEN CSP did not initiate
the termination;
b. The motion for termination of income withholding specifies the event that
terminates the support obligation, the effective date of the termination of the
support obligation, and the applicable provisions of the order or decree that
established the support obligation;
c. The motion includes the complete name of the obligor's payor of funds, the
business mailing address, the court action and court file number, and the support
and collections file number, if known; and
d. After receipt of the motion for termination of income withholding, the obligee or
the WEN CSP fails within 30 days to request a contested hearing on the issue of
whether income withholding of support should continue clearly specifying the
basis for the continued support obligation and, ex parte, to stay the service of the
order terminating income withholding upon the obligor's payor of funds, pending
the outcome of the contested hearing.
After the Court has entered the order terminating income withholding, the Court shall
issue a notice to the payor of funds terminating income withholding.
13. Reasons for terminating income withholding. An income withholding order must
remain in effect unless one of the following events occurs:
a. Current child support obligation and all arrears have been satisfied;
b. The obligor is deceased;
c. The only child or all children in the income withholding order have emancipated,
reached the age of majority, or are deceased, and all arrears have been satisfied;
d. The obligor no longer works for the employer named in the income withholding
order and no other employer for the obligor is known; or
e. Any other reason the Court may deem appropriate.
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Any party to a case in which an income withholding order is in effect may initiate the
termination of the income withholding order. A party initiating termination of an
income withholding order must follow the procedures in § 10C.46.12.
14. Contract for service. To carry out the provisions of this section, the WEN CSP may
contract for services, including the use of electronic funds transfer.
15. Waiver of income withholding.
a. If the WEN CSP is providing child support enforcement services, the Court may
waive the requirements of this section if:
(1) One party demonstrates and the Court determines there is good cause to
waive the requirements of this section or to terminate an order for or notice
of income withholding previously entered under this section. The Court
must make written findings to include the reasons income withholding
would not be in the best interests of the child. In cases involving a
modification of support, the Court must also make a finding that support
payments have been timely made; or
(2) The obligee and obligor sign a written agreement providing for an
alternative payment arrangement which is reviewed and entered in the
record by the Court.
b. If the Court waives income withholding, the obligee or obligor may at any time
request income withholding under this section.
c. In cases where income withholding has been waived, child support payments
must continue to be made to the WEN CSP Payment Center as provided under
this Chapter.
16. Nonliability; payor of funds. A payor of funds who complies with an income
withholding order or notice of withholding according to this chapter, that appears
regular on its face shall not be subject to civil liability to any individual or agency for
taking action in compliance with the order or notice.
17. Electronic transmission. Orders or notices for withholding under this section may be
transmitted for enforcement purposes by electronic means.
§10C.47
Notice of Order
Whenever these laws require service of the Court's order on an employer, union or payor
of funds, service of a verified notice of order may be made in lieu thereof. The verified
notice shall contain the title of the action, the name of the court, the court file number, the
date of the court order, and shall recite the operative provisions of the order.
ADDITIONAL ENFORCEMENT REMEDIES
§10C.48
Administrative Seek Employment Orders
1. Court order. For any support order being enforced by the WEN CSP, the WEN CSP
may seek a court order requiring the obligor to seek employment if:
a. Employment of the obligor cannot be verified;
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b. The obligor is in arrears in court-ordered child support or maintenance payments
or both in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments; and
c. The obligor is not in compliance with a written payment plan.
Upon proper notice being given to the obligor, the Court may enter a seek
employment order if it finds that the obligor has not provided proof of gainful
employment and has not consented to an order for income withholding under this
Chapter or entered into a written payment plan approved by the Court or the WEN
CSP.
2. Contents of order. The order to seek employment shall:
a. Order that the obligor seek employment within a determinate amount of time;
b. Order that the obligor file with the WEN CSP on a weekly basis a report of at
least five new attempts to find employment or of having found employment,
which report must include the names, addresses, and telephone numbers of any
employers or businesses with whom the obligor attempted to seek employment
and the name of the individual contact to whom the obligor made application for
employment or to whom an inquiry was directed;
c. Notify the obligor that failure to comply with the order is evidence of a willful
failure to pay support under this Chapter;
d. Order that the obligor provide the WEN CSP with verification of any reason for
noncompliance with the order; and
e. Specify the duration of the order, not to exceed three months.
§10C.49
Driver’s License and Occupational License Suspension, Motor Vehicle Lien
At the request of an obligee and if the WEN CSP determines that the obligor is in arrears
in court-ordered child support or maintenance payments or both in an amount equal to or
greater than three times the obligor's total monthly support and maintenance payments
and not in compliance with a written approved payment agreement pursuant to this
Chapter, the WEN CSP is authorized to request assistance from a state child support
enforcement IV-D agency in the pursuit of the suspension of the obligor’s driver’s license
or occupational license. The WEN CSP is also authorized to request assistance from a
state IV-D agency to seek a motor vehicle lien against the obligor.
§10C.50
Recreational License Suspension
1. Obligor in arrears. At the motion of an obligee and if the WEN CSP determines that
the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly
support and maintenance payments and not in compliance with a written approved
payment agreement pursuant to this Chapter, the Court may order the suspension of
the obligor’s tribal recreational licenses, including licenses for hunting, fishing, and
leeching.
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2. Stay of Court’s order. The Court's order must be stayed for 60 days in order to allow
the obligor to execute a written approved payment agreement pursuant to this
Chapter. If the obligor has not executed or is not in compliance with a written
payment agreement after the 60 days expires, the Court's order becomes effective and
the tribal department responsible for issuing recreational licenses shall suspend the
obligor's recreational licenses.
3. The remedy under this section is in addition to any other enforcement remedy
available to the Court.
4. An obligee may not bring a motion under this section within 12 months of a denial of
a previous motion under this section.
5. Notice required prior to license suspension..
a. At least 60 days prior to notifying the tribal department responsible for issuing
recreational licenses, the WEN CSP must mail a written notice to the obligor at
the obligor's last known address, informing the obligor that it intends to seek
suspension of the obligor's recreational licenses and that the obligor must request
a hearing within 30 days in order to contest the suspension.
b. If the obligor makes a written request for a hearing within 30 days of the date of
the notice, a court hearing must be held. Notwithstanding any law to the contrary,
the obligor must be served with 14 days' notice in writing specifying the time and
place of the hearing and the allegations against the obligor.
c. The notice must include information that apprises the obligor of the requirement
to develop a written payment agreement that is approved by the Court or the
WEN CSP regarding child support, maintenance, and any arrearages in order to
avoid recreational license suspension. The notice may be served personally or by
mail.
d. If the WEN CP does not receive a request for a hearing within 30 days of the date
of the notice, and the obligor does not execute a written payment agreement
pursuant to this Chapter within 60 days of the date of the notice, the WEN CSP
shall direct the tribal department responsible for issuing recreational licenses to
suspend the obligor's recreational licenses.
e. At a hearing requested by the obligor under this section, and on finding that the
obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly
support and maintenance payments, the Court shall order the tribal department
responsible for issuing recreational licenses to suspend the obligor's recreational
licenses unless the Court determines that the obligor has executed and is in
compliance with a written payment agreement pursuant to this Chapter that is
approved by the Court or the WEN CSP.
6. Reinstatement of recreational licenses. An obligor whose recreational licenses are
suspended may:
a. Provide proof to the WEN CSP that the obligor is in compliance with all written
payment agreements pursuant to this Chapter;
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b. Bring a motion for reinstatement of the recreational license. At the hearing, if the
Court orders reinstatement of the recreational licenses, the Court must establish a
written payment agreement pursuant to this Chapter; or
c. Within 15 days of the receipt of that proof or a court order, the WEN CSP shall
inform the tribal department responsible for issuing recreational licenses that the
obligor's recreational licenses should no longer be suspended.
7. Obligor no longer in compliance with a written payment agreement.
a. The recreational licenses of an obligor who fails to remain in compliance with an
approved written payment agreement may be suspended. Prior to suspending a
license for noncompliance with an approved written payment agreement, the
WEN CSP must mail to the obligor's last known address a written notice that:
b. The WEN CSP intends to seek suspension of the obligor's recreational licenses
under this section; and the obligor must request a hearing, within 30 days of the
date of the notice, to contest the suspension.
c. If, within 30 days of the date of the notice, the WEN CSP does not receive a
written request for a hearing and the obligor does not comply with an approved
written payment agreement, the WEN CSP must direct the tribal department
responsible for issuing recreational licenses to suspend the obligor's recreational
li
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