Child Support Enforcement Program (2016)

Nez Perce Tribe

Child Support Enforcement Program

Guidelines

Table of Contents

CSEP Mission Statement………………………………………………………………………………………

Page 3

Introduction………………………………………………………………………………………………………….

Page 3

Definitions……………………………………………………………………………………………………………

Page 3

Guidance for Determination of Income and Support……………………………………………

Page 6

NPT CSEP Child Support Tables…………………………………………………………………………..

Page 7

Computation………………………………………………………………………………………………………..

Page 10

In-Kind Payments…………………………………………………………………………………………………

Page 11

In-Kind Rates……………………………………………………………………………………………………….

Page 12

Items Included in Gross Income…………………………………………………………………………..

Page 12

Deviations from the Basic Child Support Obligation as Determined by the Court.

Page 13

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CSEP Mission Statement

“Among the NiMiiPuu, children are seen as a gift of the Creator. They represent the future of

the Tribe and a link to the values of our culture. In our language, there is no word for

orphan. Each child is the center of a circle with deep relationships to his biological parents, his

blood relatives and his fellow tribal members. Adults must put the children first to ensure they

are properly nurtured and developed. The ultimate goal of the Program is to protect the welfare

of children on the Nez Perce reservation, through the establishment and enforcement of Child

Support orders. By assuring financial support is provided for these children we believe the cycle

of non-support will be broken and future generations of children will be provided for by their

parents without intervention”.

Introduction

The CSEP Guidelines will provide guidance to Custodial and Non-Custodial parents in understanding and

determining the amount of child support that may be ordered by the Tribal Court. The guidelines

contribute to the standardization and fairness to all families of this Program. This is a guidance process

with the final determination provided by legal court order.

The Nez Perce Tribe Child Support Enforcement Program (CSEP) is dedicated to fostering relationships

that hold family as central to all nurturing and character development. CSEP and the Nez Perce Tribal

Court will work together for the best interests of the child(ren). To that end, we will honor the place of

both parents and hold them accountable for providing for their children. We will assist parents in

understanding their responsibility for their children and support them in meeting those obligations.

The Child Support Enforcement Program’s approach is to begin the child support process with mediation

that includes people with responsibility for the care of the child. Drawing on cultural values and Nez

Perce Tribal code we will attempt to reach an agreement on the support structures for the well-being of

the child(ren). CSEP will work cooperatively with tribal court procedures to approve agreements and to

arbitrate when no agreement has been reached.

We will do everything in our power to assist all parties to understand:















The process of mediated child support agreements,

The role of the Court in enforcing child support,

Financial obligations and how to meet those obligations,

Alternative methods of payment,

Cooperative and respectful parenting skills,

The value of role models, and

The consequences of not meeting parenting obligations.

The ultimate goal of the Nez Perce Tribe Child Support Enforcement Program is to protect the welfare of

the children of the Nez Perce Reservation, through the establishment and enforcement of child support

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orders. By assuring that financial support is provided for these children we believe that a cycle of nonsupport will be broken, and future generations of children will be provided for by their parents without

interventions.

These guidelines serve as a resource in the case management of child support enforcement from

beginning to completion. It is the full intention of the Nez Perce Tribe CSEP to serve all those who seek

child support enforcement assistance, to the best of our professional ability and legal jurisdiction. These

guidelines defer to the tribal court judicial authority in determining the final amount of the child support

awarded. All final decisions regarding child and financial support orders rest with the Tribal Court.

These CSE guidelines are written to include cultural sensitivity and respect of the Nez Perce Tribe

membership. It is notwithstanding that the following guidelines are indicative of our family cultural

values. It is with cultural sensitivity and respect CSEP believes both parents are equally responsible for

the love, care and cultural nurturing of their children.

The court has the final authority to determine the amount of the child support awarded. The

calculation, as a result of this schedule, is only an estimate and is not a guarantee of the amount of child

support that will be awarded. Other factors which may affect the amount of child support awarded are:

the needs of the children, the biological parent’s ability to pay, and both parents potential to earn.

Deviation from the CSEP Guidelines can only occur by Court Order and this must be done by written

finding or specified finding on the record, based on the criteria approved by the Nez Perce Tribe, that

application of the guidelines would be inappropriate or unjust in a particular case. Relevant factors to

deviate from the guidelines include:

(A) The financial resources and needs of the child.

(B) The financial resources and needs of the custodial party.

(C) The standard of living the child would have enjoyed had the marriage not been dissolved.

(D) The physical and emotional condition of the child and the child's educational needs.

(E) The financial resources and needs of the noncustodial parent.

There is rebuttable presumption that the amount of the award which would result from the application

of the guidelines is the amount of the child support to be awarded, unless evidence is presented in a

particular case which indicates that an application of the guidelines would be unjust or inappropriate.

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DEFINITIONS

ARREARS: Back child support. Current support amount not paid within 30 days of that month becomes

support owed.

ASSIGNMENT OF RIGHTS: When the CP goes on TANF, he/she assigns their rights to the Tribe or State

to all child support payments while family is on TANF and not to exceed amount of unreimbursed

assistance.

CHILD: Any person under the age of 18 who is not otherwise emancipated, self-supporting, married and

where support for whom the obligation is set for.

COURT CASE: All court related cases of one NCP pertaining to the child support order and for which

collection has been ordered.

CP: Custodial Parent. The person who the children are living with and who is providing most of the

everyday care for with whom support is owed for.

CSEP: Nez Perce Tribe Child Support Enforcement Program.

CSEP CASE: Any child support enforcement program case which has one CP, one legal biological NCP

and at least one child.

CSO: Any judgment or order of the Nez Perce Tribal Court which orders payment of a set or

determinable amount of child support dollars or in-kind.

CURRENT SUPPORT: The monthly support amount owed for the children for the current month.

FOSTER CARE: Or also, grandparent care, or kinship care, where a child is in temporary custody of a

relative or foster family and to whom child support money may be applied for.

NCP: Non-Custodial Parent. The parent obligated to pay child support.

NEZ PERCE TRIBAL COURT: The court established by the Nez Perce Tribe pursuant to Article VIII, Section

2( C ) of the Nez Perce Tribal Constitution and Title 1 of the Nez Perce Tribal Code.

PERMANENT ASSIGNMENT: When the CP goes off TANF, this is the amount that the Tribe or State can

keep to pay back TANF. The child support amount kept cannot exceed the amount of assistance paid to

the family in Monthly TANF check amounts.

TANF: Temporary Assistance for Needy Families. The TANF program is designed to help needy families

achieve self-sufficiency.

TEMPORARY ASSIGNMENT: While the CP is on TANF, child support may be collected by CSEP and

distributed to Tribal or State TANF.

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STATUTE OF LIMITATIONS: The statute of limitations (SOL) is the time period that past due child support

can be collected. SOL for enforcement of child support may be tolled upon an evidentiary finding that

fraud or willful concealment has taken place by a party to the case (NPT Code §4-5-56 (i)).

GUIDANCE FOR DETERMINATION OF INCOME AND SUPPORT

Gross Income: All gross income and resources of each biological parent will be utilized on program

intake. It is assumed all parties have potential to earn, unless otherwise proven to the Court. Only the

income of the parents of the children whose support is at issue shall be calculated for purposes of

calculating the basic support obligation. Income and resources of any other person shall not be included

in calculating the basic support obligation (e.g. step and foster parents).

Verification of Income/Potential to Earn: Tax returns for the preceding two years and current and most

recent two pay stubs shall be provided to verify income and deductions. Other sufficient verification

shall be required for income and expenses, which do not appear on tax returns or pay stubs. In addition

CSEP may seek verification of employment by current employer or Nez Perce Tribe Human Resource

Offices.

Basic Child Support: The basic child support obligation represents the total amount required to raise a

child(ren) based on the biological parents gross income.

Health Care Coverage: Health care expenses are not included in the schedule, but may be ordered.

Day Care and extraordinary expenses: The Court may award day care and special child rearing

expenses, such as tuition and long distance transportation costs to and from parental visitations, are not

included in the schedule and may be ordered. These expenses may be shared by both parents in the

same proportion as the basic child support obligation or one parent may be required to make such

payments. CSEP does not collect day care and extraordinary expenses.

Allocation of tax exemptions and tax refunds: The court may award the tax exemptions and order a

party to sign the federal income tax dependency exemption waiver; this is separate from child support

orders. Tax exemptions are not considered in child support calculations, however, tax refunds may be

used to pay arrearages of child support.

Modification: The court may modify its child support determination when there has been a substantial

change since the order was entered, a change in either parents gross monthly income or by agreement

of the parties.

Income below five hundred dollars: When the combined gross monthly gross income is less than five

hundred dollars, a support payment order of not less than twenty-five dollars per child per month may

be entered unless the payer parent establishes that it would be unjust or inappropriate to do so in that

particular case.

Income above five thousand dollars: The schedule is presumptive for combined gross monthly incomes

up to and including five thousand dollars. When the combined gross monthly income exceeds five

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thousand dollars ($5,000), support shall not be at an amount lower than the amount of support set for

combined gross monthly income of five thousand dollars ($5,000) unless the court finds a reason to

deviate below or above that amount.

NEZ PERCE TRIBE CHILD SUPPORT ENFORCEMENT PROGRAM

CHILD SUPPORT TABLES

The Nez Perce Tribe's Child Support Enforcement Program Support Schedule is based on the combined

gross monthly income of the parties.

The Monthly Basic Support Obligation per child per party shall be no less than $25/month.

The following tables may be used to approximate the TOTAL monthly child support obligation for the

parties to the nearest $100 of Combined Gross Income where the Combined Gross Monthly Income of

the parties is $600/month or higher. To calculate the actual TOTAL monthly child support obligation for

the parties and then the actual monthly child support obligation for each party, see the subsequent

section, Sample Nez Perce Tribe Child Support Calculations.

The following charts may be expanded for Combined Gross Monthly Incomes over $5,000 by doing the

actual calculations as outlined in the Sample Nez Perce Child Support Calculations section.

Judicial discretion will be used for families with six or more children.

NOTE: Child support obligations will be rounded to the nearest dollar in all child support orders.

COMBINED GROSS INCOME

1 CHILD

2 CHILDREN

13%

13%

500

65

80

600

75

106

700

91

132

800

104

158

900

117

184

1000

130

210

1100

143

236

1200

156

262

1300

169

288

1400

182

314

1500

195

340

1600

208

366

1700

221

392

1800

234

418

1900

247

444

2000

260

470

2100

273

496

2200

286

522

2300

299

548

2400

312

574

2500

325

600

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2600

2700

2800

2900

3000

338

351

364

377

390

626

652

678

704

730

9%

399

408

417

426

435

444

453

462

471

480

489

498

507

516

525

534

543

552

561

570

7%

744

758

772

786

800

814

828

842

856

870

884

898

912

926

940

954

968

982

996

1010

4 Children

11%

120

164

208

252

296

340

384

428

472

516

560

604

648

692

736

5 Children

10%

125

175

225

275

325

375

425

475

525

575

625

675

725

775

825

OVER 3000, Use

3100

3200

3300

3400

3500

3600

3700

3800

3900

4000

4100

4200

4300

4400

4500

4600

4700

4800

4900

5000

500

600

700

800

900

1000

1100

1200

1300

1400

1500

1600

1700

1800

1900

3 Children

12%

105

141

177

213

249

285

321

357

393

429

465

501

537

573

609

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2000

645

780

875

OVER 2000, Use

8%

2100

669

2200

693

2300

717

2400

741

2500

765

2600

789

2700

813

2800

837

2900

861

3000

885

3100

909

3200

933

3300

957

3400

981

3500

1005

7%

808

836

864

892

920

948

976

1004

1032

1060

1088

1116

1144

1172

1200

5%

900

925

950

975

1000

1025

1050

1075

1100

1125

1150

1175

1200

1225

1250

Over 3500, Use

4%

3600

1017

3700

1029

3800

1041

3900

1053

4000

1065

4100

1077

4200

1089

4300

1101

4400

1113

4500

1125

4600

1137

4700

1149

4800

1161

4900

1173

5000

1185

3%

1212

1224

1236

1248

1260

1272

1284

1296

1308

1320

1332

1344

1356

1368

1380

1%

1255

1260

1265

1270

1275

1280

1285

1290

1295

1300

1305

1310

1315

1320

1325

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COMPUTATION

The basic child support obligations and support payments are based on the following computations:

A> A combined gross monthly income is calculated by adding together each parent’s gross monthly

income.

B> Based on the schedule the basic child support of each parent is determined by allocating the

basic child support obligation proportionate to each parent’s percentage of the combined gross

monthly income. For example, if one parent’s gross monthly income is $600 dollars and the

other parent’s gross monthly income is $400 dollars, then that would make the combined

income of $1,000 dollars. For parents with a combined gross monthly income of $1,000 dollars,

the basic child support obligation based on the schedule is $130 per child. The basic child

support for the parent with the gross monthly income of $600 is $78 per child. (The amount is

calculated based on the following formula: the $130 basic support obligation is multiplied by

.60 because $600 is 60% of $1,000). The basic child support for the parent with the gross

monthly income of $400 is $52 per child. (The amount is calculated based on the following

formula: the $130 basic support obligation is multiplied by .40 because $400 is 40% of $1,000).

C> Based on the basic child support owed by each parent the non-custodial parent or, in joint

custody cases, a parent whose share of the obligation is greater is required to make support

payments to the other parent. If in the above example the parent with the gross monthly

income of $600 is the non-custodial parent, that parent will be required to make monthly

support payments to the custodial parent in the amount of $78. If the parent with the gross

monthly income of $400 is the non-custodial parent, that parent will be required to make

support payments to the custodial parent in the amount of $52.

D> Where there is more than one child included in the order, the basic monthly child support will

be decreased by $50 per child. For example, for parents with a combined gross monthly income

of $1,000 the basic child support obligation based on the schedule is $130 per child. That

amount, however, will decrease by $50 for every child. If there are two children, for example,

the basic monthly child support payment for each child will be $80 ($130 per child less $50 for

each child).

E> Once a support payment has been determined, the Court will determine if there is good cause

of any deviation from the basic child support obligation, the basic child support owed by each

parent or the amount of the monthly support payments. The parent requesting deviation must

follow tribal court procedures to request a review of determination and hearing.

F> Based on deviations, if any, a final basic child support obligation for each parent and a final

support payment, if any, will be determined using the above formula.

G> If one parent is ordered to make support payments, the Court may determine if some or all of

the payment should be made in-kind and assign a monetary value to the in-kind resources.

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IN-KIND PAYMENTS

The primary purposes of in-kind payments are twofold. First they may be contributed at any time and

must be documented with CSEP if a monetary value is to be determined. Secondly, they may be court

ordered if the NCP does not have a viable income to fulfill a financial support order. However, when a

child or family is on TANF they will not be permitted to using in-kind as support obligations. In-kind

payments may also be limited by State-Tribal agreements. The primary purpose for their use in

connection with a cash child support is to strengthen the bond between the child and non-custodial

parent. A non-cash payment, or also known as, in-kind payment will be a secondary source to providing

court ordered support when the NCP has verifiable income to provide financial child support.

The non-custodial parent may be ordered to provide in-kind services and resources to the child or

custodial parent, in connection with child support obligation under one or all of the following

circumstances:

1. When both parties agree

2. When the non-custodial parent’s income is below the minimum income level for ordering cash

child support in the child support schedule

3. When the non-custodial parent’s income is insufficient to cover the obligation(s) for the total

number of children from all relationships

4. When the non-custodial parent is a teenager in school

5. When the in-kind services and resources are regular and reliable.

In-kind services and resources may include, but are not limited to:

a.

b.

c.

d.

e.

f.

g.

h.

i.

Providing a cord of wood for heating and cooking purposes

Root digging, fishing, gill netting, huckleberry picking, providing game meat

Help with extra sports and school activities or expenses

Daycare provided by the NCP or by NCP extended family members

School clothes

Car or home maintenance or repairs

Transportation to the child activities

Pow-wow regalia

Teaching treaty skills, cultural knowledge, Nimiipuu-timpt.

The child support order may specify the quantity, quality, condition and frequency of the in-kind

services and resources. However, mediation between parties and documentation verifying receipt of inkind support shall be recorded within the CSEP client files.

Members of the NCP’s extended family are welcome to contribute in-kind services and resources and

these may be credited to the NCP’s obligation if they meet the court’s requirements above 1 thru 5.

In-Kind payments services and resources may include the following list:

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IN-KIND RATES





Provide a cord of wood for heating & cooking purposes $150.00 per cord

Root digging, fishing, gill netting, providing game meat $100.00 activity or $25.00 p/salmon;

$2.50 p/pound for game meat

 Help with extra sports and school activities or expenses Minimum wage

 Day care provided by the NCP (going rate)

$20.00 a day

 Car or home maintenance or repair

$25.00 per hour

 Transportation to the child’s activities

Mileage

 Pow wow regalia making

$100.00

 Teaching treaty skills, cultural knowledge, Nimiipuu-timpt

$100.00

________________________________________________________________________

Cultural activities shall be calculated at $100.00 for an activity.

State of Idaho minimum wage shall be applied to other activities.

Mileage shall be paid at current GSA rate.

ITEMS included in Gross Income

1. Salaries

2. Wages

3. Commissions

4. Revenue from sales of goods and products received in the normal course of business

5. Deferred compensation

6. Overtime

7. Contract-related income

8. Income from second jobs limited to obligated parent

9. Dividends

10. Interests

11. Severance Pay

12. Annuities

13. Capital gain

14. Pension retirement benefits

15. Workers compensation

16. Unemployment benefits

17. Spousal maintenance actually received

18. Bonuses

19. Social security benefits, SSA not SSI

20. Disability insurance benefits

21. Gifts and prizes greater than or equal to $50 dollars in value

22. Rental or lease Income

23. Per capita income distributions

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24. Legal settlements

ITEMs disclosed but NOT included in Gross Monthly Income:

1.

2.

3.

4.

5.

6.

7.

Income of a new spouse or income of other adults in the HH

Child support received from other relationships

Gifts and prizes less than $500 dollars in value

Aid to families with dependent children

General assistance

Food stamps

Trust Income

DEVIATIONS FROM THE BASIC CHILD SUPPORT OBLIGATION AS

DETERMINED BY THE COURT

In determining basic child support obligation from within the appropriate combined gross income, the

Court may take into account any of the following factors that are relevant to the case. Each factor is a

general standard or guidance to be followed in most situations. The Court may however, deviate from

the directive if the standard is not in the best interest of the Child(ren). The Court may also deviate from

the initially determined basic support obligation when the application of all the factors below would

dictate that the initial determination of the appropriate basic support obligation was too high or too

low. The Court has the authority for the final determination of obligation.

1. Age(s) of Child(ren). The obligation shall be set closer to the higher end of the basic support

obligation for older children and closer to the lower end of basic support obligation for younger

children.

2. Number of Children in family. The obligation shall be lower per child the greater the number of

children for which the obligation is to be paid.

3. Children from other relationships. The obligation may be set at a lower figure than would

otherwise be determined when either or both parents before the court have children from

other relationships to whom the parent owes a duty to support and is able to provide proof of

support.

4. Seasonal or non-recurring income. If the income of either parent is seasonal or non-recurring,

the obligation may be set at a lower figure than would otherwise be determined, or may be set

on a schedule that varies the amount at different times of the year.

5. Traditional, Custom or Cultural Services, Resources. The obligation may take into consideration

the contribution of either or both parents before the court when proof of in-kind support or

resources are provided to support the child(ren) such as wood for heating, fish, game, clothing

or other basic needs.

6. Disability Payments. In applying any disability payment benefits, the Court shall consider the

actual life needs of the disabled party and the effect of the inclusion of such benefits for the

disabled party as well as the need of the child(ren).

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7. Other non-recurring income. The obligation may be set at a higher or lower rate by the Court if

it is determined that non-recurring income will begin or will be terminated in the future. The

support obligation may include a duty to share such non-recurring income when it is received

based upon the gross income of both parties or as provided in mediation between parties.

8. Child Support Modification. Either party may request through the tribal court modification of

child support order based upon a change in income, family status, or child custody, or when it is

in the best interest of the child(ren). Such a request must be supported by documentation of

payment, or non-payment and verifiable change in status.

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