# WHITE EARTH BAND OF OJIBWE TRIBAL CODE (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_white_earth%3Ab1f9672256f5a025 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 WEN CSE Code Revised 1/1/2021 Page 1 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEES BY THE WEN CSP ...................... 46 §10C.37 Location Activities of the WEN CSP ................................................................................. 46 PAYMENTS, COLLECTIONS, INCOME WITHHOLDING, ARREARS, ENFORCEMENT REMEDIES 46 §10C.38 Mandatory Payment of Child Support Obligations to the White Earth Child Support Payment Center ......................................................................................................................................... 46 §10C.39 Collections .......................................................................................................................... 47 §10C.40 Overpayments ..................................................................................................................... 48 §10C.41 Arrears................................................................................................................................. 48 §10C.42 Interest on Arrearages ......................................................................................................... 48 §10C.43 Reserved – Reporting of Arrears ........................................................................................ 48 §10C.44 Child Support Debt and Arrearage Management................................................................ 48 §10C.45 Payment Agreements .......................................................................................................... 49 §10C.46 Income Withholding ........................................................................................................... 49 §10C.47 Notice of Order ................................................................................................................... 55 ADDITIONAL ENFORCEMENT REMEDIES ......................................................................................... 55 §10C.48 Administrative Seek Employment Orders .......................................................................... 55 §10C.49 Driver’s License and Occupational License Suspension, Motor Vehicle Lien .................. 56 §10C.50 Recreational License Suspension ........................................................................................ 56 §10C.51 Security; Sequestration; Contempt ..................................................................................... 58 §10C.52 Contempt Proceedings for Nonpayment of Support ........................................................... 59 §10C.53 Employer Contempt ............................................................................................................ 59 §10C.54 Attorney’s Fees and Collection Costs Recovery ............................................................. 60 §10C.55 Incarcerated Obligor ....................................................................................................... 61 §10C.56 Title IV-E Foster Care ..................................................................................................... 61 §10C.57 Publication of Names of Delinquent Child Support Obligors ......................................... 61 INTERGOVERNMENTAL CASES - FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS; REGISTRATION OF FOREIGN ORDERS ............................................................................................... 62 §10C.58 Full Faith and Credit of Foreign Child Support Orders....................................................... 62 §10C.59 Registration of Foreign Order for Enforcement .............................................................. 62 §10C.60 Registration and Modification of Child Support Order ....................................................... 65 WEN CSE Code Revised 1/1/2021 Page 2 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT GENERAL §10C.01 Title This Chapter shall be referred to as the “White Earth Nation Child Support Act.” §10C.02 Definitions 1. Terms under this Chapter shall be liberally construed so as not to limit the jurisdiction of the Tribal Court over tribal children, and to facilitate the authority of the Tribal Court to act to protect the interests of tribal children and their families. When interpreting terms not defined by this Chapter, the Court shall take into consideration tribal laws and customs. Unless in conflict with applicable tribal law, terms not specifically defined in this Chapter shall be defined according to their normal usage, or as defined in the federal regulations for Tribal Child Support Enforcement Programs found at 45 CFR § 309 et seq. 2. For purposes of White Earth Nation Child Support Act, the following definitions apply: a. "Apportioned veterans' benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall be that determined by the Veterans Administration and governed by U.S. Code of Federal Regulations, title 38, sections 3.450 to 3.458. b. “Arrears” means the amount that accrues pursuant to an obligor's failure to comply with a support order. Past support contained in a support order are arrears if the court order does not contain repayment terms. Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment of past support. An obligor's failure to comply with the terms for repayment of amounts owed for past support turns the entire amount owed into arrears. c. "Basic support" means the basic support obligation computed under section 10C.22 of this Chapter. Basic support includes the dollar amount ordered for a child's housing, food, clothing, transportation, and education costs, and other expenses relating to the child's care. Basic support does not include monetary contributions for a child's child care expenses and medical and dental expenses. d. "Child" means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support. e. “Court” means the Tribal Court of the White Earth Nation. WEN CSE Code Revised 1/1/2021 Page 3 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT f. "Financial institution" means a savings association, bank, trust company, credit union, industrial loan and thrift company, bank and trust company, or savings association, and includes a branch or detached facility of a financial institution. g. “Gross income" means the income of the parent calculated under section 10C.15 of this Chapter. h. “Health care coverage” means health care benefits that are provided by a health plan. Health care coverage does not include any form of public medical assistance. i. “Health plan” means a group health plan governed under the federal Employee Retirement Income Security Act of 1974 (ERISA), a self-insured plan or a policy, contract, or certificate issued by a community-integrated service network licensed by a state. Health plan includes plans: (1) Provided on an individual and group basis; (2) Provided by an employer or union; (3) Purchased in the private market; and (4) Available to a person eligible to carry insurance for the joint child. Health plan includes a plan providing for dependent-only dental or vision coverage and a plan provided through a party's spouse or parent. j. "Income withholding only services" means the services provided by the WEN CSP to collect payments pursuant to a support order but does not include other enforcement services provided by the WEN CSP for IV-D cases. Notices required for income withholding under this section shall be initiated by the applicant for services. k. "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. l. "Issuing tribe" means the tribe in which a tribunal issues a support order or renders a judgment determining parentage. m. "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage. n. "IV-D case" means a case where a party has applied for child support services from the child support enforcement agency or has assigned to the Tribe or State rights to child support because of the receipt of public assistance under title IV-D of the Social Security Act, United States Code, title 45, section 309. o. "Joint child" means the dependent child who is the child of both parents in the support proceeding. In cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought. p. “Medical support” means providing health care coverage for a joint child by carrying health care coverage for the joint child or by contributing to the cost of health care coverage, public coverage, unreimbursed medical expenses, and uninsured medical expenses of the joint child. q. “Medical support notice or order” means a notice issued by the WEN CSP or a court order issued by the White Earth Tribal Court to enforce health insurance provisions of a support order. WEN CSE Code Revised 1/1/2021 Page 4 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 5 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 6 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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; WEN CSE Code Revised 1/1/2021 Page 7 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 6. The White Earth Nation finds that it is in the best interests of the Tribe to make laws which govern the establishment of child support and the enforcement of child support; 7. The purpose of the White Earth Family Relations Code, Title 6, Chapter 10C, is to utilize the civil justice system, including the White Earth Family Relations Code, and the White Earth Nation Child Support Program (“WEN CSP”) to set standards of behavior within the family that are consistent with traditional Ojibwe values and that motivate parents to provide their children with regular and adequate child support in accordance with their resources and abilities; 8. It is also the goal of this code to facilitate the opening of the lines of communication among the Tribal Court, the WEN CSP and other Tribal and State programs to enhance the quality of child support services provided to the White Earth community; 9. The White Earth Nation enacts this Chapter to reaffirm tribal sovereignty and tribal self-determination by providing for the exercise of the greatest possible Tribal jurisdiction over the greatest number of child support cases involving tribal children and families. §10C.04 Repeal - Chapter 10 of the White Earth Domestic Relations Code Chapter 10 of the White Earth Family Relations Code is hereby repealed and replaced by Chapter 10C, which shall hereinafter apply to all actions filed in Tribal Court pertaining to the establishment, enforcement, or modification of child support and maintenance obligations, the location of the obligor, obligee, and any assets and the collection and distribution of support payments. §10C.05 Authority And Jurisdiction of the White Earth Nation Child Support Program and Tribal Court 1. The White Earth Nation has the inherent authority to protect its political integrity and provide for the welfare of its children. 2. The White Earth Tribal Court has jurisdiction over any action brought in Tribal Court under this Chapter. 3. The action to establish, modify, or enforce a child support obligation may be joined with an action for divorce, annulment, legal separation, custody under the White Earth Family Relations Code. 4. The Tribal Court and WEN CSP may assert jurisdiction under this Chapter over: a. All members or persons eligible for membership in the White Earth Nation or the Minnesota Chippewa Tribe; b. Any person eligible for membership in any federal or state recognized tribe coming under the jurisdiction of the White Earth Nation; c. Any person who is alleged to be a parent of a child, including any unborn child, whose parenting partner is a member or eligible for membership in the White Earth Nation or the Minnesota Chippewa Tribe, or who is a member or eligible for membership in any federal or state recognized tribe coming under the jurisdiction of the White Earth Nation; WEN CSE Code Revised 1/1/2021 Page 8 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 9 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 10 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT §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. WEN CSE Code Revised 1/1/2021 Page 11 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 12 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 13 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT child support, including, but not limited to, pay stubs for the most recent three months, employer statements, or statements of receipts and expenses if selfemployed. Documentation of earnings and income also include relevant copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit statements, workers' compensation statements, and all other documents evidencing earnings or income as received that provide verification for the financial affidavit. The WEN CSP shall prepare a financial affidavit form that must be used by the parties for disclosing information under this section. 2. In addition to the requirements of subsection 1 of this section, at any time after an action seeking child support has been commenced or when a child support order is in effect, a party or the WEN CSP may require the other party to give them a copy of the party's most recent federal tax returns that were filed with the Internal Revenue Service. The party shall provide a copy of the tax returns within 30 days of receipt of the request unless the request is not made in good faith. A request under this paragraph may not be made more than once every two years, in the absence of good cause. 3. If a parent under the jurisdiction of the Court does not serve and file the Financial Affidavit with the parent's initial pleading or motion documents, the Court shall set income for that parent based on credible evidence before the Court or in accordance with section 10C.20 of this Chapter. Credible evidence may include documentation of current or recent income and wage reports and the testimony of the other parent concerning recent earnings and income levels. The Court may consider credible evidence from one party that the financial affidavit submitted by the other party is false or inaccurate. 4. If the Court determines that a party does not have access to documents that are required to be disclosed under this section, the Court may consider the testimony of that party as credible evidence of that party's income. §10C.17 Calculation of Gross Income 1. Subject to the exclusions and deductions in this section, gross income includes any form of periodic payment to an individual, including, but not limited to, salaries, wages, commissions, self-employment income, workers' compensation, unemployment benefits, annuity payments, military and naval retirement, pension and disability payments, spousal maintenance received under a previous order or the current proceeding, Social Security or veterans benefits provided for a joint child, and potential income under section 10C.20, gaming winnings, and any form of federal or tribal trust benefits derived from a person’s status as an enrolled member of any federally recognized Tribe, including but not limited to general assistance payments, oil or other mineral royalties, agricultural leases, and water leases. Salaries, wages, commissions, or other compensation paid by third parties shall be based upon gross income before participation in an employer-sponsored benefit plan that allows an employee to pay for a benefit or expense using pretax dollars, such as flexible spending plans and health savings accounts. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or other retirement benefits. WEN CSE Code Revised 1/1/2021 Page 14 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 15 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary. §10C.19 Social Security or Veterans’ Benefit Payments Received on Behalf of the Child 1. The amount of the monthly Social Security benefits or apportioned veterans' benefits provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based. 2. The amount of the monthly survivors' and dependents' educational assistance provided for a joint child shall be included in the gross income of the parent on whose eligibility the benefits are based. 3. If Social Security or apportioned veterans' benefits are provided for a joint child based on the eligibility of the obligor and are received by the obligee as a representative payee for the child or by the child attending school, then the amount of the benefits shall also be subtracted from the obligor's net child support obligation as calculated pursuant to section 10C.22. 4. If the survivors' and dependents' educational assistance is provided for a joint child based on the eligibility of the obligor and is received by the obligee as a representative payee for the child or by the child attending school, then the amount of the assistance shall also be subtracted from the obligor's net child support obligation as calculated under section 10C.22. §10C.20 Potential Income 1. General. If a parent is voluntarily unemployed, underemployed, or employed on a less than full-time basis, or there is no direct evidence of any income, child support must be calculated based on a determination of potential income. For purposes of this determination, it is rebuttably presumed that a parent can be gainfully employed on a full-time basis. As used in this section, "full time" means 40 hours of work in a week except in those industries, trades, or professions in which most employers, due to custom, practice, or agreement, use a normal work week of more or less than 40 hours in a week. 2. Methods. Determination of potential income must be made according to one of two methods, as appropriate: a. The parent's probable earnings level based on employment potential, recent work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community. b. If a parent is receiving unemployment compensation or workers' compensation, that parent's income may be calculated using the actual amount of the unemployment compensation or workers' compensation benefit received. 3. Parent not considered voluntarily unemployed or underemployed. A parent is not considered voluntarily unemployed or underemployed upon a showing by the parent that: a. Unemployment or underemployment is temporary and will ultimately lead to an increase in income; or WEN CSE Code Revised 1/1/2021 Page 16 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT b. The unemployment or underemployment represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child. 4. TANF recipient. If the parent of a joint child is a recipient of a temporary assistance to a needy family (TANF) cash grant, no potential income is to be imputed to that parent. 5. Caretaker. If a parent stays at home to care for a child who is subject to the child support order, the Court may consider the following factors when determining whether the parent is voluntarily unemployed or underemployed: a. The parties' parenting and childcare arrangements before the child support action; b. The stay-at-home parent's employment history, recency of employment, earnings, and the availability of jobs within the community for an individual with the parent's qualifications. c. The relationship between the employment-related expenses, including, but not limited to, childcare and transportation costs required for the parent to be employed, and the income the stay-at-home parent could receive from available jobs within the community for an individual with the parent's qualifications. d. The child's age and health, including whether the child is physically or mentally disabled; and e. The availability of childcare providers. This subsection does not apply if the parent stays at home only to care for other non-joint children. 6. Economic conditions. A self-employed parent is not considered to be voluntarily unemployed or underemployed if that parent can show that the parent's net selfemployment income is lower because of economic conditions that are directly related to the source or sources of that parent's income. §10C.21 Deduction from Income for Non-joint Children 1. When either or both parents are legally responsible for a non-joint child, a deduction for this obligation shall be calculated under this section if: a. The non-joint child primarily resides in the parent's household; and b. The parent is not obligated to pay basic child support for the non-joint child to the other parent or a legal custodian of the child under an existing child support order. 2. The Court shall use the guidelines schedule in this Chapter to determine the basic child support obligation for the non-joint child or children by using the gross income of the parent for whom the deduction is being calculated and the number of non-joint children primarily residing in the parent's household. If the number of non-joint children to be used for the determination is greater than two, the determination must be made using the number two instead of the greater number. 3. The deduction for non-joint children is 50 percent of the guideline amount determined under subsection 2 of this section. WEN CSE Code Revised 1/1/2021 Page 17 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT §10C.22 Computation of Child Support Obligations 1. To determine the presumptive child support obligation of a parent, the Court shall follow the procedure set forth in this section. 2. To determine the obligor's basic support obligation, the Court shall: a. Determine the gross income of each parent under section 10C.17; b. Calculate the parental income for determining child support (PICS) of each parent, by subtracting from the gross income the credit, if any, for each parent's non-joint children under section 10C.21; c. Determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS; d. Determine the combined basic support obligation by application of the child support guideline in this Chapter. e. Determine the obligor's share of the basic support obligation by multiplying the percentage figure from subsection 2(c) of this section by the combined basic support obligation in subsection 4 of this section; and f. Determine the parenting expense adjustment, if any, as provided in section 10C.25, and adjust the obligor's basic support obligation accordingly. If the parenting time of the parties is presumed equal, section 10C.25, subsection 3, applies to the calculation of the basic support obligation and a determination of which parent is the obligor. 3. The Court shall determine the child care support obligation for the obligor as provided in section 10C.29, if any. 4. The Court shall determine the medical support obligation for each parent as provided in section 10C.30, if any. Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent and are calculated and collected as described in section 10C.30. 5. The Court shall determine each parent's total child support obligation by adding together each parent's basic support, childcare support, and health care coverage obligations as provided in this section. 6. If Social Security benefits or veterans' benefits are received by one parent as a representative payee for a joint child based on the other parent's eligibility, the Court shall subtract the amount of benefits from the other parent's net child support obligation, if any. 7. The final child support order shall separately designate the amount owed for basic support, childcare support, and medical support. If applicable, the Court shall use the self-support adjustment and minimum support adjustment under section 10C.31 to determine the obligor's child support obligation. WEN CSE Code Revised 1/1/2021 Page 18 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT §10C.23 Guideline Schedule Used in Child Support Determinations 1. Determination of support obligation. a. The guideline schedule in this section is a rebuttable presumption that the amount of the award that results from the application of the guideline schedule is the correct amount of child support to be awarded and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this Chapter. Deviations from the child support guidelines must meet the criteria under section 10C.26 of this Chapter. b. The basic child support obligation shall be determined by referencing the guideline schedule for the appropriate number of joint children and the combined parental income for determining child support of the parents. c. If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline schedule for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents. d. If a child is not residing with the parent that has court-ordered or statutory custody and a support order is sought under section 10C.25-10C.26 against one or both parents, the basic support obligation must be determined by referencing the guideline for the appropriate number of joint children and the parents’ individual income without application of the parenting expense adjustment formula under section 10C.26 e. For combined parental incomes for determining child support exceeding $15,000 20,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 20,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 10C.25-10C.26. 2. Basic support; guideline schedule. Unless otherwise agreed to by the parents and approved by the Court, when establishing basic support, the Court must order that basic support be divided between the parents based on their proportionate share of the parents' combined monthly parental income for determining child support (PICS). Basic support must be computed using the following guideline schedule: Combined Parental Income For Determining Child Support $0- $799 800-899 900-999 1,000- 1,099 1,100- 1,199 1,200- 1,299 WEN CSE Code Revised 1/1/2021 ONE $50 80 90 116 145 177 Page 19 of 66 NUMBER OF CHILDREN TWO THREE FOUR FIVE $50 $75 $75 $100 129 149 173 201 145 167 194 226 161 186 216 251 205 237 275 320 254 294 341 396 SIX $100 233 262 291 370 459 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT Combined Parental Income For Determining Child Support 1,300- 1,399 1,400- 1,499 1,500- 1,599 1,600- 1,699 1,700- 1,799 1,800- 1,899 1,900- 1,999 2,000- 2,099 2,100- 2,199 2,200- 2,299 2,300- 2,399 2,400- 2,499 2,500- 2,599 2,600- 2,699 2,700- 2,799 2,800- 2,899 2,900- 2,999 3,000- 3,099 3,100- 3,199 3,200- 3,299 3,300- 3,399 3,400- 3,499 3,500- 3,599 3,600- 3,699 3,700- 3,799 3,800- 3,899 3,900- 3,999 4,000- 4,099 4,100- 4,199 4,200- 4,299 4,300- 4,399 4,400- 4,499 4,500- 4,599 4,600- 4,699 4,700- 4,799 4,800- 4,899 4,900- 4,999 5,000- 5,099 5,100- 5,199 WEN CSE Code Revised 1/1/2021 ONE 212 251 292 337 385 436 490 516 528 538 546 554 560 570 580 589 596 603 613 623 636 650 664 677 691 705 719 732 746 760 774 787 801 808 814 820 825 831 837 Page 20 of 66 NUMBER OF CHILDREN TWO THREE FOUR FIVE 309 356 414 480 368 425 493 573 433 500 580 673 502 580 673 781 577 666 773 897 657 758 880 1,021 742 856 994 1,152 832 960 1,114 1,292 851 981 1,139 1,320 867 1,000 1,160 1,346 881 1,016 1,179 1,367 893 1,029 1,195 1,385 903 1,040 1,208 1,400 920 1,060 1,230 1,426 936 1,078 1,251 1,450 950 1,094 1,270 1,472 963 1,109 1,287 1,492 975 1,122 1,302 1,509 991 1,141 1,324 1,535 1,007 1,158 1,344 1,558 1,021 1,175 1,363 1,581 1,034 1,190 1,380 1,601 1,047 1,204 1,397 1,621 1,062 1,223 1,418 1,646 1,077 1,240 1,439 1,670 1,081 1,257 1,459 1,693 1,104 1,273 1,478 1,715 1,116 1,288 1,496 1,736 1,132 1,305 1,516 1,759 1,147 1,322 1,536 1,781 1,161 1,338 1,554 1,802 1,175 1,353 1,572 1,822 1,184 1,368 1,589 1,841 1,200 1,386 1,608 1,864 1,215 1,402 1,627 1,887 1,231 1,419 1,645 1,908 1,246 1,435 1,663 1,930 1,260 1,450 1,680 1,950 1,275 1,468 1,701 1,975 SIX 557 664 780 905 1,040 1,183 1,336 1,498 1,531 1,561 1,586 1,608 1,625 1,655 1,683 1,707 1,730 1,749 1,779 1,807 1,833 1,857 1,880 1,909 1,937 1,963 1,988 2,012 2,039 2,064 2,088 2,111 2,133 2,160 2,186 2,212 2,236 2,260 2,289 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT Combined Parental Income For Determining Child Support 5,200- 5,299 5,300- 5,399 5,400- 5,499 5,500- 5,599 5,600- 5,699 5,700- 5,799 5,800- 5,899 5,900- 5,999 6,000- 6,099 6,100- 6,199 6,200- 6,299 6,300- 6,399 6,400- 6,499 6,500- 6,599 6,600- 6,699 6,700- 6,799 6,800- 6,899 6,900- 6,999 7,000- 7,099 7,100- 7,199 7,200- 7,299 7,300- 7,399 7,400- 7,499 7,500- 7,599 7,600- 7,699 7,700- 7,799 7,800- 7,899 7,900- 7,999 8,000- 8,099 8,100- 8,199 8,200- 8,299 8,300 -8,399 8,400- 8,499 8,500- 8,599 8,600- 8,699 8,700- 8,799 8,800- 8,899 8,900- 8,999 9,000- 9,099 WEN CSE Code Revised 1/1/2021 ONE 843 849 854 860 866 873 881 888 895 902 909 916 923 930 936 943 950 957 963 970 974 980 989 998 1,006 1,015 1,023 1,032 1,040 1,048 1,056 1,064 1,072 1,080 1,092 1,105 1,118 1,130 1,143 Page 21 of 66 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 WEN CSE Code Revised 1/1/2021 Page 23 of 66 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. WEN CSE Code Revised 1/1/2021 Page 27 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE 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 WEN CSE Code Revised 1/1/2021 Page 28 of 66 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. WEN CSE Code Revised 1/1/2021 Page 29 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE 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. WEN CSE Code Revised 1/1/2021 Page 30 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE 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 WEN CSE Code Revised 1/1/2021 Page 31 of 66 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. WEN CSE Code Revised 1/1/2021 Page 32 of 66 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; WEN CSE Code Revised 1/1/2021 Page 33 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 34 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 35 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 36 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 37 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 38 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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. WEN CSE Code Revised 1/1/2021 Page 39 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 40 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 41 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 42 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 43 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT 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 WEN CSE Code Revised 1/1/2021 Page 44 of 66 WHITE EARTH BAND OF OJIBWE TRIBAL CODE TITLE 6 – FAMILY RELATIONS CODE CHAPTER 10C – WHITE EARTH CHILD SUPPORT ACT (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 e [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_white_earth%3Ab1f9672256f5a025. Public record. Not legal advice.