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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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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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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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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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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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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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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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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§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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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

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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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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

Page 24 of 66

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

Page 25 of 66

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

Page 26 of 66

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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WHITE EARTH BAND OF OJIBWE TRIBAL CODE

TITLE 6 – FAMILY RELATIONS CODE

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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TITLE 6 – FAMILY RELATIONS CODE

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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TITLE 6 – FAMILY RELATIONS CODE

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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WHITE EARTH BAND OF OJIBWE TRIBAL CODE

TITLE 6 – FAMILY RELATIONS CODE

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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WHITE EARTH BAND OF OJIBWE TRIBAL CODE

TITLE 6 – FAMILY RELATIONS CODE

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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