Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 01-08-20-C

Amendments to the Child Support Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Child Support law (‘the Law”) was adopted by the Oneida Business Committee through

resolution BC-06-24-09-B and amended by resolutions BC-02-24-10-G, BC-02-23-11-E,

BC-06-22-11-K, BC-10-10-12-C, BC-08-13-14-E, and

WHEREAS,

the purpose of the Law is to establish the legal responsibility of parents to provide

financially for their children’s general well-being; make support payments more equitable

by ensuring consistent treatment of persons in similar circumstances; make support

payments based on the real earning capability of parents; and improve the efficiency of

child support establishment and enforcement; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Child Support Agency, Oneida Family Court, Oneida Police Department, and

Oneida Law Office to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law create a process to suspend or modify child support orders for

parents incarcerated for one hundred and eighty (180) days or more; and

WHEREAS,

the amendments to the Law update notice requirements and timelines for initiating an

action by the Agency, sending appointment letters for noncompliance, sending notice of

delinquency, sending notice of enforcement action, and sending income withholding

orders; and

WHEREAS,

the amendments to the Law clarify how the Family Court may redact addresses and

identifying information from court documents to ensure the safety of a party; and

WHEREAS,

the amendments to the Law make updates to how child support obligations are calculated

in certain special circumstances; and

WHEREAS,

the amendments to the Law update what constitutes a “substantial change in

circumstance” that warrants a modification of a child support order; and

BC Resolution # 01-08-20-C

Amendments to the Child Support Law

Page 2 of 2

WHEREAS,

the amendments to the Law repeal Child Support Law Rule No. 1 - Deviation from Child

Support and Child Support Law Rule No. 2 - Enforcement Tools and move the contents of

the rules into the body of the law itself; and

WHEREAS,

the amendments to the Law make other minor drafting revisions; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on October 17, 2019,

in accordance with the Legislative Procedures Act, and the public comment period was

held open until October 24, 2019; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on November 6, 2019; and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Child Support law are hereby adopted

and shall be effective on January 22, 2020.

BE IT FINALLY RESOLVED, that Child Support Law Rule No. 1 - Deviation from Child Support and Child

Support Law Rule No. 2 - Enforcement Tools are hereby repealed effective January 22, 2019.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 7 members

were present at a meeting duly called, noticed and held on the 8th day of January, 2020; that the forgoing

resolution was duly adopted at such meeting by a vote of 5 members for, 1 member against, and 0 members

not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."