Oneida Business Committee (2019)
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
December 18, 2019
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
December 4, 2019 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Child Support Amendments (pg. 4)
2. Citations Law (pg. 112)
3. Vehicle Driver Certification and Fleet Management Amendments (pg. 135)
4. Children’s Burial Fund Policy Amendments (pg. 183)
5. Oneida Food Service Code Amendments (pg. 189)
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. E-Poll Results: Sanctions and Penalties law - Rescission of 12/4/19 LOC Action
(pg. 239)
2. E-Poll Results: Sanctions and Penalties law - Approval of Public Meeting
(pg. 289)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Business Committee
Legislative Operating Committee
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PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
December 4, 2019
9:00 a.m.
Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III
Excused: Daniel Guzman King
Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Kristen Hooker, Jennifer
Falck, Rae Skenandore, Bonnie Pigman, Jameson Wilson, Lee Cornelius, Nicolas Reynolds
I.
Call to Order and Approval of the Agenda
David P. Jordan called the December 4, 2019, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion
carried unanimously.
II.
Minutes to be Approved
Motion by Ernest Stevens III to approve the November 20, 2019, Legislative Operating
Committee meeting minutes and forward to the Business Committee for consideration;
seconded by Kirby Metoxen. Motion carried unanimously.
III.
Current Business
1. Vehicle Driver Certification and Fleet Management Amendments (1:24-40:09)
Motion by Ernest Stevens III to approve the draft and legislative analysis of the
amendments to the Vehicle Driver Certification and Fleet Management law and
forward to a work meeting for further discussion; seconded by Kirby Metoxen. Motion
carried unanimously.
2. Oneida Food Service Code Amendments (40:11-56:38)
Motion by Jennifer Webster to approve the draft of the amendments to the Oneida Food
Service Code with one change and direct a legislative analysis to be completed;
seconded by Kirby Metoxen. Motion carried unanimously.
3. Sanctions and Penalties Law (56:40-1:11:02)
Motion by Jennifer Webster to approve the January 20, 2020 General Tribal Council
Meeting materials with one change and forward to the Oneida Business Committee;
seconded by Ernest Stevens III. Motion carried unanimously.
IV.
New Submissions
V.
Additions
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of December 04, 2019
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VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Kirby Metoxen to adjourn the December 04, 2019, Legislative Operating
Committee meeting at 10:10 a.m.; seconded by Ernest Stevens III. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of December 04, 2019
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Legislative Operating Committee
December 18, 2019
Child Support Law Amendments
Submission Date: 3/7/18
LOC Sponsor: David P. Jordan
Public Meeting: 10/17/19
Emergency Enacted: n/a
Summary: This item was submitted to the LOC by the Child Support Agency’s attorney. Currently
the Child Support Law is accompanied by two rules. The Child Support Agency want to create more rules
and proposed amending the law to include expanded rulemaking authority.
3/7/18LOC:
Motion by Kirby Metoxen to add the Child Support Amendments to the active files list as a
high priority and assign David P. Jordan as the sponsor; seconded by Daniel Guzman King.
Motion carried unanimously.
4/5/18:
Work Meeting. Present: Trina Schuyler, Lisa Peck, Clorissa Santiago, Brandon Wisneski,
Michelle Gordon. The purpose of this work meeting was to review potential amendments to
the Child Support law.
4/18/18:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Laura Laitinen-Warren. The
purpose of this work meeting was to discuss the Child Support Department’s request for
amendments, and determine if administrative rulemaking should be utilized. The drafting
attorney will schedule a meeting with the LOC and the Child Support Department to begin
discussing policy.
5/17/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Michelle Gordon. The purpose of this work meeting was to discuss and determine specific
policy amendments the Child Support Department is seeking, and to discuss and determine a
plan to move this legislative item forward.
6/8/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Michelle Gordon, Hon. Marcus Zielinski. The purpose of this work meeting was to begin
discussing the reality of implementing bench warrants and other enforcement mechanisms.
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Michelle Gordon. The purpose of this work meeting is to begin discussing the potential
amendments the Child Support Department wants the LOC to consider.
6/22/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck. The
purpose of this work meeting was to continue discussing potential amendments to the Child
Support law.
7/13/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Mike Hoeft. The purpose of this work meeting was to continue discussing potential
amendments to the Child Support law.
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8/9/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Michelle Gordon, Hon. Marcus Zielinski, Hon. Robert Collins III, Rich Vanboxtel, Eric
Boulanger. The purpose of this work meeting was to discuss the potential of utilizing bench
warrants in regard to child support matters.
8/17/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck,
Michelle Gordon. The purpose of this work meeting was to continue discussing potential
amendments to the review, review requested data regarding enforcement of child support, and
determine next steps to moving this legislative item forward.
9/18/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Lisa Peck. The
purpose of this work meeting was to continue discussing potential amendments to the law.
10/12/18:
Work Meeting: Present: Brandon Wisneski, Trina Schuyler. The purpose of this work meeting
was to prepare for and discuss an upcoming work meeting with the LOC.
10/26/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch.
The purpose of this work meeting was to review the power point and handouts for the
upcoming meeting with the LOC.
10/31/18:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman,
Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Trina Schuyler. During this work
meeting Trina gave PowerPoint presentation on Oneida’s Child Support Department. The
LOC was then presented with policy considerations for proposed amendments regarding
enforcement tools and modification of a child support order for an incarcerated parent. The
LOC considered the proposed ideas, and directed the LRO to move forward pursuing research
and drafting.
11/9/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch.
The purpose of this work meeting was to discuss the LOC’s decisions regarding potential
amendments, plan the next steps for moving forward, and plan an upcoming meeting with
OPD.
12/6/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon. The purpose of this work meeting was to review drafted enforcement tools
language and determine what information needs to be discussed with OPD in an upcoming
work meeting scheduled for 12/10/18.
12/10/18:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon, Eric Boulanger. The purpose of this work meeting was to review drafted
enforcement tools language and determine what information needs to be included in the Law.
The LRO staff will bring the information collected during this work meeting to the LOC for
their consideration.
12/19/18:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens
III, Jennifer Falck, Clorissa Santiago, Brandon Wisneski. The purpose of this work meeting
was to discuss the 12/10/18 work meeting with Child Support and OPD, and reconsider policy
considerations regarding enforcement tools.
1/4/19:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon. The purpose of this work meeting was to discuss the LOC’s recent decision
to not pursue the addition of proposed enforcement tools, and to begin reviewing the draft
from the beginning to discuss other potential amendments.
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2/1/19:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon. The purpose of this work meeting was to continue reviewing the law line
by line to discuss potential amendments.
3/1/19:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon, Porsche Skenandore-Wheelock. The purpose of this work meeting was to
finish reviewing the law line by line to discuss potential amendments. LRO will update the
draft with all the proposed revisions.
4/5/19:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Porsche Skenandore-Wheelock. The purpose of this work meeting was to review the updated
draft to ensure it adequately reflects decisions that were made regarding proposed
amendments to the law.
4/30/19:
Work Meeting. Present: Clorissa Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Porsche Skenandore-Wheelock. The purpose of this work meeting was to continue reviewing
the updated draft to ensure it adequately reflects the decisions and recommendations that were
made regarding the proposed amendments to the law. Department will continue to review the
proposed language for compliance, and we will finish the review of the last portion of the draft
during the next meeting.
5/16/19:
Work Meeting. Present: Jennifer Falck, Clorissa Santiago, Brandon Wisneski, Trina Schuyler,
Tami Busch, Michelle Gordon, JoAnne House, Tsyoshaaht Delgado. The purpose of this work
meeting was to complete the review of the updated draft to ensure it adequately reflects the
decisions and recommendations that were made regarding the proposed amendments to the
law. LRO will now update the draft and bring it to the LOC for review and consideration.
7/17/19:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The
purpose of this work meeting was to begin reviewing and making decisions to the proposed
amendments to the Law.
7/18/19:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The
purpose of this work meeting was to continue reviewing and making decisions as to the
proposed amendments to the Law.
7/25/19:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Ernest Stevens III, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The
purpose of this work meeting was to continue reviewing and making decisions as to the
proposed amendments to the Law.
8/7/19 LOC:
Motion by Ernest Stevens III to have one more work session between the Legislative
Operating Committee, Legislative Reference Office and the Child Support Agency; seconded
by Kirby Metoxen. Motion carried unanimously.
8/20/19:
OBC Work Session. Present: Tehassi Hill, Patricia King, David P. Jordan, Kirby Metoxen,
Ernest Stevens III, Jo Anne House, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski,
Melinda Danforth, Candice Skenandore, Lisa Liggins, Brian Doxtator. The purpose of this
meeting was to discuss potential use of incarceration for child support. OBC designated a team
to include representatives from Self Governance, Intergovernmental Affairs, Oneida Police
Department, Oneida Law Office, and the Judiciary to work on this issue and report to the OBC
during OBC work sessions every three months.
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8/21/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer Webster,
Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Trina Schuyler, Tami Busch,
Michelle Gordon. The purpose of this work meeting was to fulfill the August 7, 2019 directive
and allow the Agency one final work meeting to discuss potential amendments.
9/18/19 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded
by Ernest Stevens III. Motion carried unanimously.
Motion by Ernest Stevens III to approve public meeting and forward to the Child Support law
to a public meeting to be held on October 17, 2019; seconded by Jennifer Webster. Motion
carried unanimously.
10/17/19:
Public Meeting Held. Present: Jennifer Webster, Daniel Guzman King, Clorissa N. Santiago,
Brandon Wisneski, Lee Cornelius, Rae Skenandore, Michelle Gordon, Trina Schuyler, Tami
Bush, Bonnie Pigman. Two (2) individuals gave public comment during this public meeting.
10/24/19:
Public Comment Period Closed. One (1) person submitted written comments during this
public comment period.
11/6/19 LOC: Motion by Jennifer Webster to accept the public comments and public comment review
memorandum and forward to a work meeting for further consideration; seconded by Ernest
Stevens III. Motion carried unanimously.
11/6/19:
Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Ernest Stevens III, Clorissa N. Santiago, Brandon Wisneski, Jameson Wilson. The
purpose of this work meeting was to review and consider the public comments that were
received for the proposed amendments to the Child Support law.
11/20/19 LOC: Motion by Kirby Metoxen to accept the updated public comments review memorandum, draft,
and legislative analysis; seconded by Daniel Guzman King. Motion carried unanimously.
Motion by Ernest Stevens III to approve the Child Support law amendments fiscal impact
statement request memorandum and forward to the Finance Department requesting that a
fiscal impact statement be prepared and submitted to the Legislative Operating Committee by
December 06, 2019; seconded by Daniel Guzman King. Motion carried unanimously.
Next Steps:
Approve the adoption packet for the Child Support law amendments and forward to the Oneida
Business Committee for consideration.
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Oneida Nation
TO:
FROM:
DATE:
RE:
C\1. \
Oneida Business Committee
f
David P. Jordan, LOC Chairperson~
January 8, 2020
Child Support Law Amendments
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Oneida Business Committee
Legislative Operating Committee
OOODOD=
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
ONEIDA
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Please find the following attached backup documentation for your consideration of the proposed
amendments to the Child Support law:
1. Resolution: Amendments to the Child Support Law
2.
3.
4.
5.
6.
Statement of Effect: Amendments to the Child Support Law
Child Support Law Amendments Legislative Analysis
Child Support Law Amendments (Redline)
Child Support Law Amendments (Clean)
Child Support Law Amendments Fiscal Impact Statement
Overview
On March 7, 2018, the Legislative Operating Committee decided to pursue amendments to the
Child Support law. The purpose of the Child Support law is to establish the legal responsibility of
parents to provide financially for their children's general well-being; make supp01t 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. [7 0. C. 704.1-1J.
This resolution adopts amendments to the Child Support law which will:
• Create a process to suspend or modify child support orders for parents incarcerated for one
hundred and eighty (180) days or more [7 O.C. 704.11];
• Update notice requirements and timelines for initiating an action by the Agency [7 0. C.
704. 5-2J, sending appointment letters for noncompliance [7 0. C. 704.12-2J, sending notice
of delinquency [7 O.C. 704.13-3], sending notice of enforcement action [7 O.C. 704.134], and sending income withholding orders [7 O.C. 704.9-3(a)J;
• Clarify how the Family Court may redact addresses and identifying information from couti
documents to ensure safety of a patty [7 0. C. 704. 5-5(b)J;
• Make updates to how child support obligations are calculated in ce1tain special
circumstances, such as:
• updating the date when legal obligation for child supp01t is incurred for a nonmarital child of a serial family obligor [7 O.C. 704.8-1];
• updating how overnights and equivalent care are calculated for shared-placement
parents [7 O.C. 704.8-2];
• updating the formula for calculating child support obligations of split-placement
parents [7 O.C. 704.8-3];
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•
•
•
Update what constitutes a "substantial change in circumstance" that warrants a
modification of a child suppmt order [7 0. C. 704.10-2(b)];
Repeal Child Support Rule No. 1 - Deviation from Child Suppmt and Rule No. 2 Enforcement Tools and move the contents of the rules into the body of the law itself; and
Make additional updates and clarify language throughout the law.
The Legislative Operating Committee developed the proposed amendments to the Child Suppmt
law through collaboration with representatives from the Oneida Child Support Agency, Oneida
Law Office, Oneida Family Court, and Oneida Police Depaitment. The Legislative Operating
Committee also reviewed various laws of the Nation, as well as seven (7) child suppmt laws from
other tribes and the State of Wisconsin.
In accordance with the Legislative Procedures Act, a public meeting on the Curfew law was held
on October 17, 2019. Two (2) people provided oral comments during the public meeting. The
public comment period was then held open until October 24, 2019. The Legislative Operating
Committee received one (1) submission of written comments during the public comment period.
All public comments received were accepted, reviewed, and considered by the Legislative
Operating Committee on November 6, 2019. Any changes made based on those comments have
been incorporated into this draft.
Requested Action
Approve the Resolution: Amendments to the Child Support Law
f'\
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ONEIDA
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _____________
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
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BC Resolution # _______
Amendments to the Child Support Law
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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.
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
000000
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
Statement of Effect
Amendments to the Child Support Law
Summary
This resolution adopts amendments to the Child Support law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: December 18, 2019
Analysis by the Legislative Reference Office
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through
resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the
Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Child Support law which
comply with all processes and procedures required by the LPA, including the development of a
legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting
and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Child Support law was adopted by the Oneida Business Committee for the purpose of
establishing the legal responsibility of parents to provide financially for their children’s general
well-being; making support payments more equitable by ensuring consistent treatment of persons
in similar circumstances; making support payments based on the real earning capability of parents;
and improving the efficiency of child support establishment and enforcement. [7 O.C. 704.1-1].
The amendments to the Child Support law will:
Create a process to suspend or modify child support orders for parents incarcerated for one
hundred and eighty (180) days or more [7 O.C. 704.11];
Update notice requirements and timelines for initiating an action by the Agency [7 O.C.
704.5-2], sending appointment letters for noncompliance [7 O.C. 704.12-2], sending notice
of delinquency [7 O.C. 704.13-3], sending notice of enforcement action [7 O.C. 704.134], and sending income withholding orders [7 O.C. 704.9-3(a)];
Clarify how the Family Court may redact addresses and identifying information from court
documents to ensure the safety of a party [7 O.C. 704.5-5(b)];
Make updates to how child support obligations are calculated in certain special
circumstances, such as:
updating the date when legal obligation for child support is incurred for a nonmarital child of a serial family obligor [7 O.C. 704.8-1];
updating how overnights and equivalent care are calculated for shared-placement
parents [7 O.C. 704.8-2];
updating the formula for calculating child support obligations of split-placement
parents [7 O.C. 704.8-3]; and
Update what constitutes a “substantial change in circumstance” that warrants a
modification of a child support order [7 O.C. 704.10-2(b)].
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Other additional minor changes are made to the draft to update the language and ensure compliance
with drafting style and formatting requirements.
The resolution also repeals Child Support Rule No. 1 - Deviation from Child Support and Rule
No. 2 - Enforcement Tools. The Law was amended to remove the prior reference that “any Agency
requirements which would affect individuals outside the Agency and do not relate to the internal
management of the Agency shall require Oneida Business Committee approval in the form of a
law or rule.” [7 O.C. 704.2-6 of Law adopted through BC-08-13-14-E]. Instead, the contents of
those rules have been incorporated directly into the body of the Law itself.
In accordance with the LPA, a public meeting on the proposed amendments to the Child Support
law was held on October 17, 2019. Two (2) individuals provided oral comments during the public
meeting. The public comment period was then held open until October 24, 2019. The Legislative
Operating Committee received one (1) submission of written comments during the public
comment period. All public comments received were accepted, reviewed, and considered by the
Legislative Operating Committee on November 6, 2019. Any changes made based on those
comments have been incorporated into this draft.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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Analysis to Draft 3 for BC Consideration
2020 01 08
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They watch over the children
AMENDMENTS TO CHILD SUPPORT LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Oneida Child
Support Agency
Intent of the
Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
SPONSOR:
David P. Jordan
DRAFTER:
Clorissa N. Santiago
ANALYST:
Brandon Wisneski
To create a process to suspend or modify child support orders for parents
incarcerated for one hundred and eighty (180) days or more;
To update notice requirements and timelines for initiating an action by the
Agency, sending letters of noncompliance, sending notice of delinquency,
sending notice of enforcement action, and sending income withholding orders;
To clarify how the Family Court may redact addresses and identifying
information from court documents to ensure safety of a party;
To make updates to how child support obligations are calculated in certain
special circumstances, such as:
o updating how overnights and equivalent care are calculated for sharedplacement parents;
o updating the formula for calculating child support obligations of splitplacement parents;
o updating the date when legal obligation for child support is incurred for a
non-marital child of a serial family obligor;
To update what constitutes a “substantial change in circumstance” that warrants
a modification of a child support order;
To repeal Child Support Rule #1 Deviation from Child Support and Rule #2
Enforcement Tools and move the contents of the rules into the body of the law
itself;
To make additional updates and clarify language throughout the law.
The purpose of this 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
efficiency of child support establishment and enforcement [7 O.C. 704.1-1].
Oneida Child Support Agency, Oneida Family Court, Oneida Court of Appeals,
Oneida license-issuing agencies such as Oneida Licensing and Oneida
Conservation, and any individuals with child support cases that fall under the
jurisdiction of the Oneida Family Court [7 O.C. 704.4].
A public meeting was held on October 17, 2019.
A fiscal impact statement was prepared by the Finance Dept. on December 6,
2019.
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What Is Child Support?
“When parents separate, they still have shared rights and responsibilities as to their children. The
most basic of these responsibilities is supporting their children so they have food, clothing, shelter
and health care. Child support is a payment made by one parent to another for the support of a child.
The amount of the payment is based on a percentage, determined by law, of the paying parent’s
income.” Source: Oneida Child Support Agency FAQ.
“Child support is the financial support paid by parents to support a child or children of whom they
do not have full custody. Child support can be entered into voluntarily, by court order or by an
administrative agency (the process depends on the state or tribe). The noncustodial parent or
obligor—the parent who does not have primary care, custody, or control of the child or children—
often has an obligation to the custodial parent or obligee—the parent who has primary care, custody
and control of the child or children.” Source: National Association of State Legislatures (NCSL).
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave tribal
nations the authority to establish child support agencies. Wisconsin (WI) Statute 801.54 allows WI
circuit courts to transfer civil actions to tribal courts in matters where tribal nations have concurrent
jurisdiction, such as child support cases.
B. The Oneida Child Support Agency was established by the Oneida Business Committee on June 20,
2007. Oneida Nation’s application for a child support services grant was approved by the U.S.
Department of Health and Human Services on April 4, 2008.
C. The Oneida Nation’s Child Support law was first adopted by emergency amendment on June 30, 2008
and permanently adopted on June 24, 2009 by the Oneida Business Committee. It was most recently
amended on August 13, 2014.
D. At the end of 2008, the Oneida Child Support Agency had 482 cases. As of 2018, the Oneida Child
Support Agency now handles over 3,050 cases and has completed case transfers from Brown and
Outagamie counties.
E. On February 28, 2018, the Oneida Child Support Agency submitted a request to amend the Oneida
Child Support law. The LOC added the Child Support Law amendments to the Active Files List on
March 7, 2018. Since that time, the LOC has worked with Child Support Agency to review the law and
develop potential amendments.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this law
and legislative analysis: Oneida Child Support Agency, Oneida Law Office, Oneida Police Department,
and Oneida Judiciary Family Court.
B. The following laws were reviewed in the drafting of this analysis: Administrative Rulemaking law;
Paternity law; Per Capita law; Oneida Judiciary Rules of Civil Procedure; Rules of Appellate
Procedure; Workers Compensation law; Garnishment law; Family Court law; Family Court Rules; Per
Capita law; Children’s Code; Divorce, Annulment and Legal Separation; Child Custody, Placement
and Visitation law. In addition, the following laws from other tribal nations and the state of Wisconsin
were reviewed:
Ho Chunk Nation - Child Support Code 4HCC7
Forest County Potawatomi - Child Support Law
Lac Du Flambeau - Child Support Law Ch 31
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Menominee Nation – Financial Support of Children Law
Stockbridge Munsee Child Support Law
White Earth Child Support Act
State of Wisconsin Child Support Administrative Enforcement – Chapters DCF 150 & 152.
C. In addition, the following documents or articles were reviewed in the drafting of this analysis:
Child Support Enforcement: Tribal Programs – Congressional Research Service Report. July
5, 2016.
Final Rule: Flexibility, Efficiency, and Modernization in Child Support Enforcement
Programs, Federal Register, Volume 81, Number 244. December 20, 2016.
Child Support Final Rule Fact Sheet: Flexibility, Efficiency and Modernization in Child
Support Enforcement Programs. Office of Child Support Enforcement, Administration for
Children and Families, Dept. of Health and Human Services. January 5, 2017. DCL-17-01.
SECTION 4. PROCESS
A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act
(LPA).
B. The law was added to the Active Files List on March 7, 2018.
C. A public meeting was held on October 17, 2019. The public comment period was held open until October
24, 2019.
C. At the time this legislative analysis was developed, a total of twenty-seven (27) work meetings were
held regarding the development of this law and legislative analysis, including twenty-one (21) work
meetings with the Oneida Child Support Agency:
April 5, 2018: Work meeting with Child Support.
April 18, 2018: Work meeting with LOC.
May 17, 2018: Work meeting with Child Support.
June 8, 2018: Work meeting with Child Support.
June 22, 2018: Work meeting with Child Support.
July 13, 2018: Work meeting with Child Support.
August 9, 2018: Work meeting with Child Support, Family Court and Oneida Police Department.
August 17, 2018: Work meeting with Child Support.
September 18, 2018: Work meeting with Child Support.
October 12, 2018: Work meeting with Child Support.
October 26, 2018: Work meeting with Child Support.
October 31, 2018: Work meeting with LOC and Child Support.
November 9, 2018: Work meeting with Child Support.
December 6, 2018: Work meeting with Child Support.
December 10, 2018: Work meeting with Child Support and Oneida Police Department.
December 19, 2018: Work meeting with LOC.
January 4, 2019: Work meeting with Child Support.
February 1, 2019: Work meeting with Child Support.
March 3, 2019: Work meeting with Child Support.
April 4, 2019: Work meeting with Child Support.
April 30, 2019: Work meeting with Child Support.
May 16, 2019: Work meeting with Child Support & Law Office.
July 17, 2019: Work meeting with LOC.
July 18, 2019: Work meeting with LOC.
July 25, 2019: Work meeting with LOC.
August 21, 2019: Work meeting with LOC and Child Support.
November 6, 2019: Work meeting with LOC.
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SECTION 5. CONTENTS OF THE LEGISLATION
The following provides a summary of the changes proposed in the amendments to the Child Support Law:
A. Moving Child Support Rules into the Law. The Child Support Law currently includes two (2) rules:
Rule #1 Deviation from Child Support and Rule #2 Enforcement Tools. Both rules became effective
June 24, 2009, prior the adoption of the Nation’s Administrative Rulemaking law [1 O.C. 106]. The
proposed amendments delete the rules and move the contents of both Rule #1 and Rule #2 into the body
of the law itself.
Rule #1 Deviation from Child Support. The information from Rule #1 Deviation from Child
Support, unless otherwise noted in this analysis, has been moved to the following sections:
o 704.7 Determining Child Support Obligation
o 704.8 Determining the Child Support Obligation in Special Circumstances
o 704.9 Child Support Order
Rule #2 Enforcement Tools. The information from Rule #2 Enforcement Tools, unless otherwise
noted in this analysis, has been moved to the following sections:
o 704.12 Compliance Plan
o 704.13 Enforcement of an Order
o 704.14 Alternative Payment Plans
o 704.15 Administrative Enforcement Action
o 704.16 Family Court Contempt Action
Deleted Examples. Rule #1 contained example calculations and scenarios to illustrate how to
determine child support in special circumstances. These examples have been deleted. Such
examples could be provided in a separate document or worksheet by the Agency.
B. Notice for Initiation of Action by Oneida Child Support Agency.
Requesting Services. When the Oneida Child Support Agency receives an application or referral
for services, the Agency is required to send notice to the non-custodial parent. The non-custodial
parent is the parent who does not hold primary care, custody or control of the child.
Current Notice Requirements. Within five (5) business days of receiving a referral or application,
the Agency is currently required to send two (2) letters to the non-custodial parent before initiating
a hearing in the Family Court. The purpose of the letters is to request information and attempt to
negotiate a stipulation, or voluntary agreement, between the parents. If the non-custodial parent
does not respond to the letters, then the Agency will initiate a hearing in the Family Court.
Changes to Notice Requirements. [7 O.C. 704.5-2].
o Meeting with Custodial Parent Prior to Sending Notice. The Agency will now be required
to meet with the custodial parent (the parent who has primary custody of the child) within
thirty (30) days of receiving a referral or application. Only after meeting with the custodial
parent will the Agency send the notice letter to the non-custodial parent.
Effect. This change reflects the Agency’s current practice. The Agency reports that
most child support cases begin as referrals from other agencies rather than an
application from the custodial parent. The Agency reports that meeting with the
custodial parent first ensures that the Agency has the information it needs before
contacting the non-custodial parent and/or initiating an action.
o Deadline for Agency to Send Letter. The Agency will now have seven (7) business days
rather than five (5) business days to send the Letter of Request for Support and Financial
Disclosure form to the non-custodial parent.
o Number of Letters. Rather than sending two (2) letters, the Agency is now only required to
send one (1) letter before initiating a hearing. This will allow for child support hearings to
be scheduled more quickly. Rather than waiting at least fifteen (15) days as the law
currently requires, the Agency can now request a hearing after ten (10) days.
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Chart 1. Current Notice Requirements – Initiating an Action by Child Support Agency.
Agency Receives
Application/
Referral
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Agency sends
letter to NCP
within 5
business days
NCP has 10
business days to
respond
If no response,
Agency sends
2nd letter
NCP has 5
business days to
respond
If no response,
Agency may
initiate Family
Court hearing
Chart 2. Proposed Notice Requirements – Initiating an Action by Child Support Agency.
Agency Receives
Application/
Referral
Agency meets
w/CP within 30
days
Agency sends
letter to NCP
within 7 days of
meeting with CP.
NCP has 10
business days to
respond
If no response,
Agency may
initiate Family
Court hearing
*CP = Custodial Parent. NCP = Non-Custodial Parent.
C. Requirements of the Petition. If the parents do not enter into a voluntary agreement, then a petition to
establish child support may be filed with the Family Court. Currently, the petition only requires the
name, date of birth and address of the petitioner and respondent and a separate form with the child’s
identifying information. These new amendments require more detailed information to be included on
the petition. This was added at the request of the Child Support Agency to reflect current petition forms
[7 O.C. 704.5-5(a)].
New Information Required on Petition: Name, date of birth, address and tribal affiliation of the
petitioner and respondent; with whom the child currently resides; when and how paternity was
established; information regarding other children of the parties and the child support obligation for
those children; information about any state or tribal benefits either party receives; whether any
other action to determine child support is pending or has been entered by another court; financial
information such as the parties’ income; the relief the petitioner is requesting; and a separate
confidential form that includes the child’s identifying information.
D. Nondisclosure of Information in Protected Cases. A new provision has been added giving the Family
Court judge authority to limit access to the child or party’s address or other identifying information [7
O.C. 704.5-5(b)(1)(B)].
Limiting Address or Identifying Information. The Family Court may limit disclosure if the health,
safety or liberty of a child or party would be unreasonably put at risk. This change was made to
address safety concerns for individuals who do not wish to have their address included in court
documents.
E. Child Support Hearings.
Factual Determinations at Hearings. Currently, factual determinations made at child support
hearings are limited to “the income and expense information necessary to determine the appropriate
level of support” in accordance with the law. These amendments remove this limitation. Now,
factual determinations at child support hearings shall include, “but not be limited to,” income and
expense information [7 O.C. 704.6-1].
o Effect. The Family Court may make factual determinations on issues other than income
and expenses during a Child Support hearing. This is an expansion of the Family Court’s
authority during these particular hearings.
Closed Hearings and Records for Child Support Cases. The current Child Support law already
states that Child Support Hearings in the Family Court are closed to anyone other than those
necessary to the action or proceeding. A new provision has been added stating that the records of
child support proceedings will also be kept confidential [7 O.C. 704.6-6].
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Confidential Case Records. Records may only be viewed by the parties, legal guardians,
the parties’ attorney or advocate, guardian ad litem, Judges and staff assigned to the case,
and those with written authorization from a party to view the material in the record.
o Existing Law. The Nation’s Rules of Civil Procedure already state: “At the request of any
party or on its own motion, the Court may seal any part of a case file, preventing public
disclosure. A file or part of a file may only be sealed where the safety of a party, witness
or other individual may be in jeopardy if the material is not placed under seal” [8 O.C.
803.32-2(b)(3)]. Now, rather than being optional, the court will automatically keep records
of child support cases confidential.
F. Authority of Family Court to Order Parent to Search for a Job or Participate in Job Training
Program. Typically, a child support order is based on a percentage of a parent’s income. When a
parent’s income is less than their earning capacity or unknown, the court may “impute,” or “estimate”
the parent’s earning capacity based on available evidence.
Order Parent to Search for Job or Participate in Job Training. For these cases, a new provision
has been added allowing the Family Court to order a parent to search for a job or participate in a
work experience or job training program [7 O.C. 704.7-4(b)].
Comparison to WI. This language is similar to updates made to Wisconsin (WI) regulations utilized
by county child support agencies. However, unlike WI, Oneida’s Family Court may order a job
search or job training program “in addition to” imputed income, rather than as “an alternative” to.
G. Formula for Determining Child Support Obligations When the Child Receives Social Security
Benefits. The Nation’s current Child Support law includes a provision to account for a child’s social
security benefits when calculating a parent’s child support obligation.
Updates to Formula. These amendments add a new formula to specifically address sharedplacement parents whose child receives social security benefits. The intent of this new formula is
to ensure that Child Support orders accurately take this income into account in these unique cases
[7 O.C. 704.7-6(a)].
Comparison to WI. This updated formula mirrors recent updates to Wisconsin regulations.
H. Claiming Children for Tax Purposes. A provision from Child Support Rule #1 regarding the
“dependency exemption” for federal tax purposes [1.3-7] is deleted. The dependency exemption was
eliminated by Congress as a result of the Tax Cuts and Jobs Act of 2017, also known as the “tax reform
bill.” In its place, these amendments add a new provision regarding claiming children for tax purposes
[7 O.C. 704.7-7].
New provision. This new provision gives the Family Court authority to address who may claim a
child for tax purposes. It also gives the Family Court authority to accept a stipulation entered into
by the parties regarding children and taxes. This change was recommended by the Family Court
and Child Support Agency Attorney.
I. Determining Child Support for Serial Family Obligor. When one parent has multiple children in
separate families, that parent is known as a “serial family obligor.” In these cases, the court must
determine the order of the parent’s child support obligations, because the order determines how much
support is owed for each child.
New Date for Non-Marital Children. For a non-marital child, the legal obligation for child support
will now be incurred on the date that paternity was legally established rather than the date that the
child support order is entered [7 O.C. 704.8-1(b)(2)]. This change was recommended by the
Agency to reflect their current practice and mirror Wisconsin regulations.
J. Determining Child Support for Shared-Placement Parents.
Changes to Overnights and Equivalent Care. At the recommendation of the Agency, changes have
been made to how overnights and periods of equivalent care calculated. These changes now give
more consideration to periods of time a parent cares for the child that is not technically an overnight,
but where the court determines that a parent is still assuming basic support costs that are equivalent
o
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to what a parent would spend to care for that child overnight. These changes are consistent with
updates to Wisconsin regulations [7 O.C. 704.3-1(o) and 704.8-2(a)(1)].
o Effect. The number of overnights and periods of equivalent care are important in
determining the percentage of time each parent is caring for the child. That information is
one of the factors used by the Court to determine the amount of child support ordered for
shared placement parents.
Change in Variable Costs. A new provision has been added that states that a change in the child’s
variable costs will not, in and of itself, be considered a “substantial change in circumstances” to
justify a modification of a child support order. These changes are consistent with updates to
Wisconsin regulations [7 O.C. 704.8-2(b)(7)].
o What are Variable Costs? “Variable costs” are the reasonable costs above basic support
costs incurred by or on behalf of a child, such as the cost of child care, tuition, special needs
or other activities [7 O.C. 704.3(mm)].
o Effect. In other words, a change to a child’s variable costs (such as child care) will not, by
itself, justify modifying the amount of a child support order. Ultimately, the decision as to
whether a change in circumstances justify modification of an order will be up to the Family
Court.
K. Determining Child Support Obligations of Split-Placement Parents. The formula for calculating child
support obligation for a split-placement parent has been clarified. The split-placement formula may be
applied when parents have two (2) or more children and each parent has placement of at least one, but
not all, of the children.
Change to Formula. The Agency reported that the wording of the formula in the current rule [1.43] is unclear, resulting in different interpretations of how to calculate support in these cases. These
changes were recommended by the Agency to clarify the formula so that support is calculated
correctly and uniformly. [7 O.C. 704.8-3(b)].
L. Expression of Ordered Support. The Child Support amount must be expressed as a fixed sum. This
means that the child support order must include the specific dollar amount the parent is required to pay.
[7 O.C. 704.9-1].
Option to Agree to Percentage Deleted. Previously, parents had the option to agree to a percentage
of the obligor’s income instead of a specific dollar amount if both parties agreed through a
stipulation. This option has been deleted. Oneida Child Support Agency reports that ordering a
specific dollar amount is the standard practice for child support orders.
Modifying an Order. If the fixed sum in the child support order needs to be modified due to a
change in circumstances (for example, a change in income), the parties may request to modify the
child support order in accordance with the process included in this law [7 O.C. 704.10].
M. How to Send Income-Withholding Orders. After an order to withhold income has been issued, the
Child Support Agency is required to send a copy of the order to the obligor’s payor (typically their
employer) within three (3) business days. This notifies the payor to start withholding a portion of the
obligor’s income for child support.
Method for Sending Orders. Previously, the law stated the order could be sent “by any business
method acceptable to the payor” and that the order is binding upon notice through service by
personal delivery or certified mail. Now the order can be sent “by mail, fax or electronic means.”
[7 O.C. 704.9-3(a)].
Comparison to Other Agencies. Agencies in the state of Wisconsin send income withholding
notices by mail, fax or through the Electronic Income Withholding system known as “e-IWO.”
N. Non-Cash Payment Options. The current law states that non-cash payment options may be used to
satisfy part or all of a child support order if both parties and the Family Court agree to allow non-cash
payments. Examples of non-cash payments include clothing, groceries, child care, deer/venison, wood,
transportation and skilled trades and services. The list of non-cash options has been updated to add “gift
cards” at the recommendation of the Child Support Agency [7 O.C. 704.9-9(b)].
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Comparison. The Agency reports that tribal nations, such as Oneida, have the option to issue noncash support orders while county agencies in Wisconsin cannot.
O. Modification of Child Support Order. The language in this section has been clarified at the request of
the Agency to clearly state when and how a modification of a child support order may occur. There are
two ways that a Child Support order may be modified: [7 O.C. 704.10-2].
Modification Sought by Agency. Every two (2) years, the Oneida Child Support Agency will
conduct a review of each child support order. If there is a substantial change in circumstances, the
Agency will request an order from the Family Court to modify the child support order.
o Comparison to WI. WI Child Support agencies review child support orders every 33
months. Oneida Child Support Agency reviews more often in an effort to ensure accurate
child support orders.
Modification Sought by Parties. In addition to the two-year reviews automatically conducted by
the Agency, either parent may file a motion for modification of a child support order at any time if
there has been a substantial change in circumstances.
P. Substantial Change in Circumstance. In order to modify a child support order, there must be a
“substantial change in circumstance.” The law includes several examples of what qualifies as a
substantial change of circumstance, including a “significant change in finances” [7 O.C. 704.10-2].
Change to “Significant Change in Finances.”
o Current Definition. The current law states that “a significant change in finances” that
would lead to a change in child support is “more than fifteen percent (15%) or fifty dollars
($50.00) per month.”
o Proposed Definition. In the amendments, this has been changed to “more than fifteen
percent (15%) and fifty dollars ($50.00) per month.” [704.10-2(b) and 704.3-1(oo)].
Effect. This change sets a higher threshold to modify a child support order. This means that small
changes in finances that do not meet both thresholds will not justify changing a child support order.
This change was requested by the Oneida Child Support Agency.
Q. Modification of Child Support for Incarcerated Parent. A new section regarding incarcerated parents
has been added to the law. This new provision allows for the temporary suspension or modification of
a child support order for an incarcerated parent who has been sentenced to at least one hundred and
eighty (180) days in jail or prison. In other words, the incarcerated parent will not be required to make
child support payments (or may make smaller child support payments) while they are serving time in
jail or prison [7 O.C. 704.11].
Who Qualifies for Modification of Child Support Order? An obligor who has been sentenced to
180 days or more in jail or prison. The obligor must notify the Agency of his or her incarceration.
The obligor’s income level while incarcerated will determine whether the order is suspended or
modified [7 O.C. 704.11-1]:
o Temporary Suspension: If the obligor has an income of less than $200 dollars per month,
the Child Support order may be temporarily suspended.
o Temporary Modification: If the obligor has an income of $200 per month or more, the
Child Support order may be temporarily modified based on the obligor’s income.
Example: An obligor who continues to receive large per capita payments while
incarcerated or who participates in a work release program.
o Exceptions. Child Support orders will not be suspended for individuals incarcerated for the
following crimes, regardless of the length of sentence or monthly income:
Felony failure to pay support;
Crime against a child; or
Crime against the obligee (i.e., the other parent).
o Past Due Arrears. Past due child support debt or arrears will not be suspended or reduced
without stipulation (agreement) by both parties. In other words, incarceration does not wipe
out any previous child support debt incurred before being sentenced to jail or prison.
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Why Modify Child Support Orders for Incarcerated Parents?
Incarcerated parents have little or no ability to earn income during their sentence. This results in
accumulation of high levels of child support debt. The Office of Child Support Enforcement
(OFCSE) reports that incarcerated parents leave prison with an average of $20,000 or more in
unpaid child support with no means to pay upon release. “This accumulated child support debt
is rarely paid.”
The goal of child support is to increase consistent child support payments for children by setting
realistic orders based on the parent’s ability to pay. OFCSE reports that “setting and modifying
realistic child support obligations for incarcerated parents can improve their ability to provide
consistent support for their children upon release from prison… Formerly incarcerated parents
will be more likely to meet their child support obligations, benefitting their children by
improving child support compliance and reliability.”
In addition, setting realistic child support orders may also reduce “underground employment
activity” and increase contact between children and their parents. According to the Office of
Child Support Enforcement, “children do not benefit when their parents engage in a cycle of
nonpayment, underground income generation, and re-incarceration.”
On December 20, 2016, the OFCSE issued federal rule AT-16-06, “Flexibility, Efficiency, and
Modernization in Child Support Enforcement Actions,” which created a standard process for the
suspension or modification of child support orders for incarcerated parents. Since then, child
support agencies and courts nationwide have implemented this rule.
The Oneida Family Court already modifies child support orders for incarcerated parents. The
Oneida Child Support Agency supports incorporating this process into Oneida Nation’s Child
Support Law. The intent of adding a standard process to the Nation’s Child Support law is to
ensure that all incarcerated parents and impacted parties are treated uniformly.
Source: Final Rule Fact Sheets: Flexibility, Efficiency and Modernization in Child Support
Enforcement Programs. Office of Child Support Enforcement, Administration for Children and
Families, U.S. Dept. of Health and Human Services. January 5, 2017. DCL-17-01.
https://www.acf.hhs.gov/sites/default/files/programs/css/fem_final_rule_incarceration.pdf
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What is the Process to Suspend or Modify the Order? The Agency will use the following process
to suspend or modify child support orders for incarcerated obligors:
o Notice to Both Parties. Within fifteen (15) business days of receiving verification of the
obligor’s incarceration, the Agency will send notice to both parties informing them of the
obligor’s right to have his or her child support obligation reviewed, and the Agency’s intent
to review the order [7 O.C. 704.11-2].
o Agency Review. The agency will review the incarcerated obligor’s child support order and
determine whether the obligor’s monthly income is less than or greater than $200 per
month while incarcerated [7 O.C. 704.11-3].
o Suspension of Order by Agency. If the obligor is sentenced to 180 days or greater with an
income of less than $200 per month, the Agency will file a motion and order to suspend
with the Family Court without a request for a hearing [7 O.C. 704.11-4].
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Notice & Right to Object. Notice shall be sent to all parties. Either party may file
written objection with the Family Court within ten (10) business days. If no
objection is received, the Family Court will enter the order as proposed. If an
objection is received, the Family Court will hold a hearing on the issue.
Modification of Order by Agency. If the obligor is sentenced to 180 days or greater with an
income of $200 per month or more, the Agency will file a motion with the Family Court
to modify the child support order [7 O.C. 704.11-5].
Notice & Right to Object. The Family Court will schedule a hearing and the
Agency will provide notice to all parties at least ten (10) business days prior to the
hearing.
Chart 3. Modifying or Suspending Child Support Order for Incarcerated Parent
Agency notified
obligor sentenced to
180 days or more
incarceration
Agency sends
notification of
review to both
parties within 15
business days
Agency reviews
obligor’s child
support order
If no objection
received, Family
Court enters
suspension.
Obligor’s income
while incarcerated
is less than $200 per
month
Agency seeks temporary
suspension of child
support order while
incarcerated (no hearing)
Agency notifies both
parties
Either party has right
to object within 10
business days
If either party
objects, Family
Court schedules
hearing on the issue
Obligor’s income
while incarcerated is
$200 per month or
more
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Agency seeks temporary
modification of child
support order while
incarcerated
(hearing scheduled)
Agency notifies both
parties at least 10
days prior to hearing
How is the Original Child Support Order Reinstated after the Incarcerated Parent is Released?
Sixty (60) days after the obligor is released from jail or prison, the original child support order prior
to the individual’s incarceration will be reinstated by the Agency. [7 O.C. 704.11-8].
What Happens if the Obligor’s Probation or Extended Supervision is Revoked? If the obligor is
released from incarceration and is later sentenced to another one hundred and eighty (180) days or
more in jail or prison, the Agency will use the provisions of this section to determine if another
suspension or modification of the child support order is appropriate [7 O.C. 704.11-9].
R. Compliance Plans. At any point when the Agency believes an obligor is or may become non-compliant
with their child support payments, the Agency can work with the obligor to develop a compliance plan.
Purpose of Compliance Plan. The purpose of a compliance plan is to address barriers to making
regular payments so that a parent can once again make regular payments and meet their child
support obligations [7 O.C. 704.12].
Components of Compliance Plan. A compliance plan may include requirements to participate in
employment and training programs, social service and mental health services, physical and learning
disability programs, tribal traditions and customs, and family counseling. The agency may suspend
enforcement actions if the party successfully completes the compliance plan. Failure to complete
the compliance plan will result in enforcement action [7 O.C. 704.12-2(c)].
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New Components. These amendments add parenting programs and “any other programs
deemed necessary” to the list of acceptable programs that can be included in a compliance
plan. The intent is to increase flexibility for the Oneida Child Support Agency to address
unique needs of each obligor.
Changes to Timelines and Notice Letters. The following changes have been made to more
accurately reflect the Child Support Agency’s practices regarding notices and timelines for
initiating compliance plans [7 O.C. 704.12].
o
Chart 4. Notice and Timelines for Compliance Plans.
Current Law
When is first letter sent?
Within five (5) days of
learning of the obligor’s
failure to pay.
How many days to
respond to first letter?
Agency required to send a
2nd letter?
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Five (5) days.
Proposed Amendments
At any time deemed
appropriate, but at least thirty
(30) days prior to initiating
any enforcement action.
Five (5) days.
Yes, agency must send a 2nd
letter regarding the
compliance plan.
No, agency not required to
send a 2nd letter regarding the
compliance plan.
S. Notice of Delinquency and Notice of Enforcement. When an obligor fails to make their ordered child
support payments, the Agency is required to send notices to the obligor informing them that they are
delinquent. The Oneida Child Support Agency uses a state software system known as “KIDS” to
monitor child support payments and arrears. This system allows the Agency to track and send notices
to delinquent obligors. The Agency suggested the following changes to the notices to more accurately
reflect their practices and ensure compliance:
Notice of Delinquency: The Agency will send this notice to an obligor in the event that the obligor
owes a debt equal to or exceeding the monthly amount. In other words, if the obligor is a month
behind on their payments. This notice will include the total amount of the delinquency and the
enforcement action that may be taken if they do not pay [7 O.C. 704.13-3].
Notice of Enforcement Action. The Agency will send this notice after the “Notice of Delinquency”
and at least twenty (20) days prior to an enforcement action being used against an obligor. This
notice is more detailed, and will include the total amount of the delinquency, the enforcement action
that may be taken, notice that the obligor may request to negotiate an alternative payment plan
within ten (10) business days in order to stay an enforcement action, and notice that the obligor has
ten (10) business days to file an objection [7 O.C. 704.13-4].
Use of Mail for Notices. The Agency is required to send notices to the last known-mailing address
provided by the obligor. If notice to that address is returned undeliverable, the Agency must send
notice to the current employer’s mailing address provided by the obligor. If that notice is also
returned, the Agency is then required to use all resources available to identify the obligor’s current
mailing address before they can proceed with an enforcement action [7 O.C. 704.13-5].
o Time frame. Currently, Agency must spend at least sixty (60) days attempting to identify
an obligor’s current mailing address before they can proceed with an enforcement action
[2.4-3 in Rule #2]. These amendments shorten this timeframe to thirty (30) days. This
means that the Agency will be able to use enforcement actions more quickly in cases where
the obligor’s address cannot be determined.
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Chart 5. Notice of Delinquency & Notice of Enforcement Prior to Enforcement Action.
Obligor owes debt
equal to or
exceeding monthly
support amount
Agency sends
Notice of
Delinquency
Obligor still
delinquent
Agency sends
Notice of
Enforcement
Action at least 20
days prior to using
enforcement action
Obligor fails to
respond
Agency may use
enforcement action
in accordance with
7 O.C. 704.15
Obligor responds
Obligor negotiates
alternative
payment plan or
files an objection
Obligor has 10 business
days to negotiate
alternative payment plan
or file an objection
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T. Alternative Payment Plans.
Obligors with Cases in Multiple Jurisdictions. A provision in the law regarding obligors that
negotiate alternative payment plans in other jurisdictions (i.e., other County or Tribal child support
agencies) has been deleted. This provision informs the reader of requirements of other agencies.
The Law Office advises that this is unnecessary within the law and can be incorporated into the
Child Support Agency’s internal processes [2.9-10 in Rule #2].
Amount of Payment Required to Suspend Enforcement Action. Currently, the law states that if an
obligor makes a “full” arrears payment, an administrative enforcement action will be suspended.
This has been changed to “an arrears payment agreeable to the Agency.” The Agency does not
require a “full” arrears payment, as this may be tens of thousands of dollars. The Agency may
suspend enforcement action in cases where partial payments are made and may work with obligors
in arrears to establish alternative payment plans [7 O.C. 704.14-6(a)].
U. Administrative Enforcement Actions. The current Child Support law already contains enforcement
actions the Agency has the authority to use if the obligor is at least one (1) month delinquent in paying
his or her child support obligations. These current enforcement actions are listed below, with any
changes noted: [7 O.C. 704.15].
Liens. The Agency will place the obligor on the lien docket if the obligor owes a debt equal to or
exceeding the monthly amount due or five hundred ($500) dollars, whichever is greater [7 O.C.
704.15-2].
Seizure of Property. The Agency has the authority to seizure property, including accounts and
personal property. The Agency may initiate account seizure if the lien amount in the obligor’s case
equal or exceeds 300% of the monthly amount due or one thousand dollars ($1000), whichever is
greater. The Agency may initiate seizure of personal property if the lien amount equals or exceeds
600% of the monthly amount due [7 O.C. 704.15-3].
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Attachment of Per Capita Payments. The Agency may initiate the attachment or seizure of per
capita payments of members of the Nation in accordance with the Nation’s Per Capita law [7 O.C.
704.15-4].
License Suspension. The Agency may initiate the suspension or denial of both state and Oneida
issued licenses if there is a lien against an obligor that equals or exceeds 300% of the monthly
amount due or one thousand dollars ($1000), whichever is greater [7 O.C. 704.15-5].
o Types of licenses: The types of licenses that the Agency may initiate suspension or denial
of include, but are not limited to, vendor, professional, occupational, hunting, fishing,
recreational and/or motor vehicle licenses.
o Change to License Suspension as Last Resort: A provision stating that “suspension of an
occupational and/or motor vehicle license shall be pursued only as a last resort” has been
deleted [2-7(2)(a) in Rule #2]. This will give the Agency the ability to pursue license
suspension more readily.
Lump-Sum Pension Payments, Judgments and Settlement Intercepts. Once an obligor has been
placed on the lien docket, the Agency may initiate the intercept of lump-sum pension payments,
judgments and/or settlements [7 O.C. 704.15-6].
Tax and Lottery Intercepts. The Agency may coordinate with federal or state agencies to enforce a
child support order through tax or lottery intercept [7 O.C. 704.15-7].
Passport Denial. If a federal tax intercept is in place and the obligor owes $2500 or more in arrears,
an obligor may be denied a passport [7 O.C. 704.15-8].
o Change to Threshold. The threshold for denying a passport has been lowered from $5,000
to $2,500 to be consistent with recent changes to this threshold by the federal government.
This allows this enforcement tool to be used more readily.
Denial of State Issued Grants and Loans.
o Deleted Provision. A provision stating that Wisconsin state agencies may deny state-issued
grants and loans has been deleted. The Law Office recommended deleting this item as it
was unnecessary, as it is informing the reader of what the State of Wisconsin, not Oneida
Nation, may do [2.5-6 in Rule #2].
V. Contempt. In addition to the administrative actions listed above, the current child Support Law also
gives the Family Court authority to order certain enforcement actions. An obligor who disobeys a lawful
child support order will be subject to punishment for contempt of court. A definition for “contempt”
has been added, which means “a willful disregard of the authority of the court or disobedience to its
lawful orders” [7 O.C. 704.3-1(j)]. The following enforcement actions already appear in the current
law but have now been moved under the “Contempt” section. The intent is to clarify that the obligor
must first be found in contempt by the Family Court before the court can proceed with the following
enforcement actions:
Community Service. The Family Court may order an obligor to perform community service [7 O.C.
704.16-2(a)].
Fines. An obligor found in contempt of court may be fined no more than $1,000 per act of contempt,
not to exceed $5,000 in total [7 O.C. 704.16-2(b)].
Incarceration. The Family Court may order an obligor to be incarcerated. Before a jail sentence is
imposed, the Family Court may provide other conditions that require a certain amount of money
be paid or action be taken for an obligor to avoid incarceration [7 O.C. 704.16-2(c)].
o Current Practice. The current law allows for the Family Court to order an obligor to be
incarcerated. However, in practice, the Family Court has never sentenced an obligor to jail
because the Oneida Nation has no jail and does not have agreements in place with other
jails to house individuals sentenced under this law. For more information see Section 9
“Other Considerations.”
Criminal Non-Support. A criminal non-support action may be initiated, in the appropriate county,
against an obligor who has the ability to pay child support and willfully or intentionally failed to
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pay. The Agency reports that criminal non-support is rarely used in Brown and Outagamie counties
[7 O.C. 704.16-2(d)].
Bonds and Other Guarantees. The Family Court may order an obligor to provide a bond or
guarantee if income withholding is not applicable or practical [7 O.C. 704.16-2(e)].
Claims Against Estates. The Family Court may approve a claim for past and future support against
an obligor’s estate or issue a restraining order against an estate that an obligor is set to inherit [7
O.C. 704.16-2(f)].
W. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the law
for clarity.
SECTION 6. RELATED LEGISLATION
A. References to Other Laws. The following laws of the Nation are referenced in the Child Support law.
These amendments do not conflict with any of the referenced laws.
Per Capita law. The Child Support Agency may initiate the attachment or/seizure of per capita
payments of members of the Nation in accordance with the Per Capita law [7 O.C. 704.15-4].
Oneida Judiciary Rules of Civil Procedure. The Family Court may utilize discovery procedures
and contempt powers as authorized by any law, policy, or rule of the Nation to obtain information
relevant to the establishment or enforcement of child support [7 O.C. 704.6-2].
Rules of Appellate Procedure. A party may appeal a Family Court decision, other than the decision
of the Family Court in regard to administrative enforcement action, to the Nation’s Court of
Appeals within thirty (30) calendar days after the date the Family Court made the decision. The
review of the Court of Appeals shall be based on the record and original decision of the Family
Court [7 O.C. 704.18].
B. Other Laws that Reference Child Support. The following laws of the Nation reference child support.
These amendments do not conflict with any of the referenced laws, except for one potential discrepancy
in the Family Court law.
Family Court law. The Family Court law states that proceedings of the Court shall be closed to the
public, except that divorce, child support and post-divorce matters may be attended by members of
the general public. However, in any case where the presiding Judge determines that there are safety
or confidentiality concerns, the Judge may exclude from the proceedings all individuals not
necessarily present as parties of witnesses [8 O.C. 806.4-3].
o Comparison to Child Support law. The Family Court law states that child support matters
may be attended by members of the general public, unless the presiding judge determines
that there are safety or confidentiality concerns. However, the current Child Support law
(and the proposed amendments) state that Child Support proceedings shall be closed to any
person other than those necessary to the action or proceeding [7 O.C. 704.6-5 in current
Child Support law]. The Family Court law was adopted by the OBC on May 8th, 2013,
while the current Child Support law was adopted more recently, on August 13, 2014.
o Current Practice. The Family Court reports that child support hearings are currently closed
in accordance with the Child Support law.
o Conclusion: In reviewing amendments to this law, the LOC has expressed that they wish
to protect the privacy of matters involving children. Given the inconsistent language
between the two laws, the LOC may wish to amend the Family Court law to match the
hearing provisions in the Child Support law and the Family Court’s current practice. Since
the Family Court law is not currently on the LOC’s Active Files List, the LOC could direct
the Legislative Reference Office to make note of this discrepancy the next time the Family
Court law comes up for amendments.
Family Court Rules.
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Family Court Rule #5 – Paternity Procedure. If genetic testing results establish an alleged
father as the biological father, the Family Court may address the issue of Child Support at
a final paternity hearing [8 O.C. 807].
o Family Court Rule #12 – Foreign Child Support orders. Requests, motions or petitions
seeking recognition and enforcement of a foreign child support order is governed by this
rule when filed under the Nation’s Child Support Law or Garnishment law. The rule
outlines the process for sending notice of the filing, filing objections, requesting a hearing,
and authenticating the foreign order [8 O.C. 807].
Workers Compensation Law. Workers compensation awards are subject to child support income
withholding and other remedies available for the support of a child support order. The maximum
amount that may be withheld is one-half of the compensation award. [2 O.C 203.7-4].
Garnishment Law.
o Garnishment Amount. In calculating the amount of the garnishment per pay period, the
judge may not include amounts garnished pursuant to child support orders when calculating
twenty (20%) of the debtor’s disposable earnings [2 O.C. 205.5-6(c)(1) and 205.6-4(a)(2)].
o Recognition and Enforcement of Child Support Orders. The Judiciary shall recognize and
enforce child support orders against any employee, provided that the order has been issued
from a court of competent jurisdiction. [2 O.C. 204.7].
Paternity Law. The Paternity law outlines the process to establish paternity of Oneida children and
other children in order to protect the best interest of these children. The duties and responsibilities
of the Child Support Agency in the establishment of paternity through order of the Oneida Family
Court are outlined in the Paternity law. The Child Support Agency, when required by federal law,
may file a petition requesting the court to establish paternity or other related orders. The Child
Support Agency may also assist a party who is filing a petition to establish the paternity of a child
[see 7 O.C. 703.6].
o Commencing a Custody Proceeding. A child custody proceeding is commenced by a parent
by filing a petition to: (a) seek custody of a child, (b) establish the paternity of a child; (c)
establish a child support order…” [see 7 O.C. 705.6-1]
o Peacemaking and Mediation. Child support shall not be considered during mediation
unless child support is directly related to the legal custody or physical placement of the
child and the parties agree, in writing, to consider child support. [see 7 O.C. 705.7-3(b)].
Per Capita Law. Per capita payments may be attached for child support arrears ordered by a court
of competent jurisdiction, such as the Oneida Family Court. The Per Capita law includes a process
for how child support attachments are handled by the Agency and Trust Enrollment Department.
[1 O.C. 123.4-9(a)(1) and 1 O.C. 123.4-9(c)].
Children’s Code. At the time this analysis was drafted, the Nation’s Children’s Code was not
scheduled to become effective until October 1, 2019.
o Indian Child Welfare Department Duties. One of the duties of the Indian Child Welfare
Department is to enter into memorandums of understanding and/or agreements with
appropriate departments, including the Oneida Child Support Agency, in order to carry out
the provisions of the Children’s Code. [7 O.C. 708.7-2(e)].
o Referrals to Oneida Child Support. The Family Court or Indian Child Welfare Department
may refer matters to the Oneida Child Support Agency at any time. [7 O.C. 708.13-3 &
13-4].
o Indian Child Welfare Disposition Report. If the ICW Department recommends out-ofhome placement, the ICW Department must include in its disposition report a
recommendation as to whether the Family Court should establish child support obligation
for the parents. [7 O.C. 708.21-2(b)].
o Termination of Parental Rights. The Family Court may dismiss a petition if it finds the
evidence does not warrant the termination of parental rights or if the Court finds that a
o
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parent is attempting to voluntarily terminate their parental rights for the sole purpose of
avoiding a child support obligation. [7 O.C. 708.40-2(a)].
Divorce, Annulment and Legal Separation.
o Petitions. Petitions for divorce, annulment or legal separation must state whether the parties
have entered into any written agreement as to child support, and if so, the written agreement
must be attached [7 O.C. 702.5-1(g)].
o Legal Separation and Divorce. After an action for an annulment, legal separation or
divorce is initiated, the Family Court shall make any necessary temporary order concerning
child support. Final orders concerning child support shall be made at the time the
annulment, legal separation or divorce is granted. [7 O.C. 702.8-4].
Child Custody, Placement and Visitation.
o Commencement of Proceeding. A child custody proceeding may be commenced under the
Child Custody, Placement and Visitation play by a parent filing a petition to seek custody
of a child, establish the paternity of a child, or establish a child support order. [7 O.C.
705.6-1].
o Mediation. If parties agree to mediation under the Child Custody, Placement and Visitation
law, child support shall not be considered during mediation unless child support is directly
related to legal custody or physical placement of the child and the parties agree, in writing,
to consider child support. [7 O.C. 705.7-3(b)].
SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS
A. New Rights and Privileges for Incarcerated Parents. Parents sentenced to incarceration for greater
than one hundred and eighty (180) days will now have the right to have their child support orders
modified or suspended under certain circumstances. Parties have the right to object to modification or
suspension of an order and request a hearing on the matter [7 O.C. 704.11].
SECTION 8. ENFORCEMENT AND ACCOUNTABILITY
A. Enforcement Tools. Under the current Child Support law, the Oneida Child Support Agency and
Oneida Family Court have a number of administrative and judicial enforcement tools to enforce child
support orders. These include:
Administrative (Agency) Enforcement Tools: Liens, Seizure of Property including account seizure
and personal property, attachment of per capita payments, license suspension, pension, judgment
and settlement intercepts, tax and lottery intercepts and passport denial [7 O.C. 704.15].
Judicial Enforcement Tools: Bonds and other guarantees, claims against estates, contempt,
community service, incarceration and criminal non-support [7 O.C. 704.16].
SECTION 9. OTHER CONSIDERATIONS
A. Child Support Collection Rates by Agency. The following provides examples of collection rates for
country and tribal child support agencies as of July 2018:
Chart 6. Child Support Collection Rates by Agency:
County or Tribal
Court Cases with
Court Cases with
Agency
Current Support
Current Support
Ordered
Payments
Oneida Nation
937
471
Lac du
256
78
Flambeau
Menominee
493
229
Nation
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50.27%
30.47%
46.45%
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671
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673
674
675
Ashland County 622
375
Brown County
6169
4545
Calumet County 1019
828
Ho Chunk
145
130
Nation
Source: Oneida Child Support Agency, August 2018.
60.29%
73.67%
81.26%
89.66%
B. Repeal of Child Support Rules No. 1 and 2. Child Support Law Rule No. 1 – Deviation from Child
Support and Child Support Law Rule No. 2 – Enforcement Tools have now been incorporated into the
body of the law itself. Therefore, the two rules will be repealed upon adoption of these amendments as
they will become redundant.
Conclusion: The repeal of the Child Support Law Rules No. 1 and No. 2 is included in the adopting
resolution for these amendments.
C. Paternity Law. During the development of these amendments, the Oneida Child Support Agency noted
that updates to the Nation’s Paternity law may be needed. The establishment of paternity is an important
step in setting child support orders. The Nation’s Paternity law was last amended by the Oneida
Business Committee in 2014.
Recommendation: If the Oneida Child Support Agency wishes to request amendments to the
Paternity law, it is recommended that the agency submit an Active Files Request to the LOC.
D. Potential Enforcement Tools Considered and Not Added. During the development of these
amendments, the LOC and Child Support Agency researched potential new enforcement tools to
increase collection of child support orders. After reviewing the research and feedback from
departments, the LOC decided not to move forward with adding these new tools to the law. The
potential enforcement tools considered included:
Immobilization of Vehicles. Authorizing the Family Court or Child Support Agency to direct
Oneida Police Department to place a “boot” or “wheel lock” on an obligor’s vehicle to immobilize
it. The obligor would then have to contact the Agency to make a payment or negotiate a plan to
have the “boot” removed.
“Pocket Pulls.” Ordering an obligor to empty his or her pockets while in Oneida Nation’s court.
“Till Taps.” Seizing money from an obligor’s business if it is located on the Reservation.
E. Incarceration. The current Child Support law already allows the Family Court to sentence parents who
are delinquent in their child support payments to jail time. However, this authority has never been used
by the Family Court. This is because, unlike Wisconsin counties or other tribal nations, the Oneida
Nation does not have any jail facilities. The Agency reports that delinquent obligors with cases in the
Oneida Child Support system are aware that, unlike other courts, Oneida Nation’s Family Court cannot
send them to jail for failing to pay their child support.
Incarceration as a Tool to Encourage Compliance. While the goal of the Child Support Agency is
not to send anyone to jail, the threat of jail time may motivate obligors to make payments in the
most egregious of cases. For example, cases where a parent is known to be earning money on a
cash basis and all previous attempts to compel payments or negotiate an agreement have failed. In
these cases, delinquent obligors could be ordered to make a partial payment or meet with the Child
Support Agency to develop an alternative payment plan or else be sentenced to jail [7 O.C. 704.162(c)].
Agreement for Housing Inmates: The Family Court reports that it will not sentence individuals to
jail without an agreement in place with another jail to house our inmates. Therefore, in order for
the Family Court to use incarceration as an enforcement tool, agreements must be developed
between the Nation and Brown and/or Outagamie counties to utilize their jail facilities. The Agency
is aware of examples of other Wisconsin tribes establishing similar agreements with other counties.
The Oneida Business Committee previously established a workgroup including Intergovernmental
Affairs and the Law Office to explore potential agreements with Brown and Outagamie counties.
Page 17 of 18
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Conclusion: The current Child Support law already authorizes the Family Court to use incarceration
as an enforcement tool in Child Support cases. However, this feature of the law cannot be used
unless an agreement is developed between the Nation and Brown and/or Outagamie County to
utilize their jail facilities. Whether to pursue such an agreement is policy decision for the the Oneida
Business Committee.
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Title 7. Children, Elders and Family - Chapter 704
CHILD SUPPORT
shakoti>nuk&=lale> latiksash&ha>
They watch over the children
CHILD SUPPORT
704.1. Purpose and Policy
704.2. Adoption, Amendment, Repeal, Other Laws and Agency
Rules
704.3. Definitions
704.4. Jurisdiction
704.5. Initiating an Action for Child Support Orders
704.6. Child Support Hearing Procedures
704.7. Determining the Child Support Obligation Determination
704.8. Determining the Child Support Obligation in Special
Circumstances Content and Effect of Order
704.9. Enforcement of Child Support Order
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704.10. Modification of a Child Support Order
704.11. Modification of a Child Support Order for an Incarcerated
Parent Full Faith and Credit for Foreign Child Support Orders
704.12. Compliance Plan Right of Appeal
704.13. Enforcement of an Order
704.14. Alternative Payment Plans
704.15. Administrative Enforcement Action
704.16. Family Court Contempt Enforcement Action
704.17. Full Faith and Credit for Foreign Child Support Orders
704.18. Right of Appeal
704.1. Purpose and Policy
704.1-1. Purpose. The purposes of this law areis to:
(a) Establish the legal responsibility of parents to provide financially for their children’s
general well-being;
(b) Make support payments more equitable by ensuring consistent treatment of persons in
similar circumstances;
(c) Make support payments based on the real earning capability of parents; and
(d) Improve the efficiency of child support establishment and enforcement.
704.1-2. Policy. It is the policy of this law to:
(a) establish an adequate standard of support for children whose paternity has been
established or acknowledged.;
(b) encourage the use of voluntary agreements stipulations to resolve disputes over child
support obligations.; and
(c) limit the use and disclosure of personal information received or maintained by the
Nation’s Family Court and/or the Oneida Tribe Nation Child Support Agency in order to
protect the privacy rights of all parties and children who are involved in proceedings or
actions under this law.
704.2. Adoption, Amendment, Repeal, Other Laws and Agency Rules
704.2-1. This law was adopted by the Oneida Business Committee by 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,
andBC-08-13-14-E, and BC-__-__-__-__.
704.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative
Procedures Act or repealed by the Oneida Business Committee or the Oneida General Tribal
Council pursuant to the procedures set out in the Legislative Procedures Act.
704.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
704.2-4. In the event of a conflict between a provision of this law and a provision of another law,
ordinance, policy, regulation, rule, resolution, or motion, the provisions of this law shall control.
7 O.C. 704 – Page 1
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Provided that, nothing in this law is intended to repeal or modify any existing law, ordinance,
policy, regulation, rule, resolution or motion.
704.2-5. This law is adopted under authority of the Constitution of the Oneida Nation Tribe of
Indians of Wisconsin.
704.2-6. Any Agency requirements which would affect individuals outside the Agency and do not
relate to the internal management of the Agency shall require Oneida Business Committee
approval in the form of a law or rule.
704.3. Definitions
704.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Administrative enforcement action” means enforcement actions taken by the Oneida
Nation Child Support Agency authorized by federal regulations which are taken to enforce
a child support order without obtaining an order from the Family Court.
(b) “Agency” shall mean means the Oneida Nation Tribe Child Support Agency
established to administer and supervise the Nation’s Tribe’s child support enforcement
program.
(c) “Alternative payment plan” or “plan” means a negotiated agreement between the
Agency and an obligor, or an order set by the Family Court, to establish terms and
conditions for the payment of arrears.
(d) “Basic support costs” means food, shelter, clothing, transportation, personal care, and
incidental recreational costs.
(e) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays recognized by the Nation.
(f) “Child” shall mean means a biological natural or adopted child of the obligor under the
age of eighteen (18), or any person who is less than nineteen (19) years old if he or she is
pursuing a high school diploma or its equivalent from an accredited course of instruction.
(g) “Child support” means the total financial obligation a parent has towards his or her
child as established through judicial and/or administrative processes.
(h) “Child Support Obligation of Low-Income Payers Schedule” means the Wisconsin
Department of Children and Families Child Support Obligation of Low-Income Payers at
the Federal Poverty Guidelines, found in DCF 150 Appendix C.
(i) “Child support order” shall mean means a judgment of the Family Court or a court of
competent jurisdiction ordering payment of child support which provides monetary
support, health care, arrearages, or reimbursement, and which may include related costs
and fees, interest and penalties, income withholding, attorney’s’ fees and other relief.
(e) “Clerk” shall mean the designated clerk in the Family Court who is identified to carry
out certain provisions in this law.
(j) “Contempt” means a willful disregard of the authority of a court or disobedience to its
lawful orders.
(k) “Current six (6) month treasury bill rate” means the yield of a U.S. government security
with a term of six (6) months.
(l) “Custodial parent” shall mean means the parent who exercises physical custody of the
child pursuant to a custody order, on the basis of agreement between the parents or in the
absence of one parent. A legal guardian with primary physical custody of the child or
children and standing in the position of the parent shall have the same rights to child support
as a custodial parent.
7 O.C. 704 – Page 2
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(m) “Employer” shall mean means any individual, business, government, institution, or
other entity paying wages to one or more employees.
(n) “Equity” means the fair market value of property minus the liens on that property with
priority over the child support lien.
(o) “Equivalent care” means a period of time during which the parent cares for the child
that is not overnight, but is determined by the court to require the parent to assume the
basic support costs that are substantially equivalent to what the parent would spend to care
for the child overnight. Blocks of time with the child of at least six (6) hours may be
considered the equivalent of a half-day if a meal is provided during that time period. Two
(2) half-day blocks may be considered the equivalent of an overnight.
(p) “Family Court” shall mean means the judicial arm branch of the Tribe Nation’s
Judiciary that is designated to handle all matters under this Law related to the family and/or
children.
(q) “Gross income” shall mean means any form of payment due to an individual regardless
of source, including, but not limited to:
(1) Salary and wages, including overtime pay;
(2) Interest and investment income;
(3) Social Security disability and old age insurance benefits under 42 U.S.C. §401
to 433;
(4) Net proceeds resulting from worker’s compensation or other personal injury
awards intended to replace income;
(5) Unemployment insurance;
(6) Income continuation benefits;
(7) Voluntary deferred compensation and voluntary employee contributions to the
following: employee benefit plan, profit-sharing, pension or retirement account;
(8) Military allowances and veterans disability compensation benefits;
(9) Undistributed income of a corporation or any partnership in which the parent
has an ownership interest sufficient to individually exercise control or to access the
earnings of the business, unless the income included is an asset;
(10) Per capita distribution payments;
(11) Lease or rental income;
(12) Prizes over one thousand dollars ($1,000); and
(13) All other income, whether taxable or not, except that gross income does not
include any of the following:
(A) Child support;
(B) Foster care payments;
(C) Kinship care payments;
(D) Public assistance benefits, except that child care subsidy payments shall
be considered income to a child care provider;
(E) Food stamps;
(F) Public assistance or financial hardship payments paid by a county or a
tribe Nation;
(G) Supplemental Security Income under 42 U.S.C. §1381 to 1383(f) and
state supplemental payments; or
(H) Payments made for social services.
(r) “Guardian ad litem” means a person appointed by the Family Court to appear at any
peacemaking, mediation, or hearing and tasked with representing the best interest of the
person appointed for.
7 O.C. 704 – Page 3
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(s) “Immediate family member” means an individual’s husband, wife, mother, father, stepmother, step-father, son, daughter, step-son, step-daughter, brother, sister, step-brother,
step-sister, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-inlaw, brother-in-law or sister-in-law and any of the these relations attained through legal
adoption.
(t) “Income withholding” means the process whereby a court order, Family Court order,
or voluntary wage assignment directs an employer, bank, or agent holding monies or
property of an obligor, to make payments or deliver property to satisfy a child support
obligation.
(u) “Intact family” means a family in which the child or children and the obligor reside in
the same household and the obligor shares his or her income directly with the child or
children and has a legal obligation to support the child or children.
(v) “Legally incompetent adult” shall mean means a person at least eighteen (18) years old
who has been declared incompetent by a court of competent jurisdiction because he or she
is temporarily or permanently impaired to the extent that the person lacks sufficient
understanding to make or communicate responsible personal decisions.
(w) “Lien amount” means the difference between the monthly amount of support due and
the arrears in a case.
(x) “Lien docket” means the registry kept by the State of Wisconsin containing the names
of people who owe past-due child support.
(y) “Low-income obligor” means an obligor for whom the Family Court uses the monthly
support amount provided in the schedule in Appendix A the Child Support Obligation of
Low-Income Payers Schedule based on the Family Court’s determination that the obligor’s
total economic circumstances limit his or her ability to pay support at the level provided
under 704.7-2(a) standard percentages and the obligor’s income is at a level set forth in the
schedule in Appendix A the Child Support Obligation of Low-Income Payers Schedule.
(z) “Marital child” means a child born during the marriage of his or her parents. In
addition, if the father and mother of a non-marital child enter into a lawful marriage or a
marriage which appears and they believe is lawful, except where the parental rights of the
mother were terminated before either of these circumstances, the child becomes a marital
child and shall enjoy all of the rights and privileges of a marital child as if he or she had
been born during the marriage of the parents. The children of all marriages declared void
under the law are nevertheless marital children.
(aa) “Monthly iIncome” shall mean means the obligor’s annual gross income or, if
applicable, the obligor’s annual income modified for business expenses; plus the obligor’s
annual income imputed based on earning capacity; plus the obligor’s annual income
imputed from assets; divided by twelve (12).
(bb) “Nation” means the Oneida Nation.
(cc) “Non-cCustodial pParent” shall mean means the parent of a child who does not hold
primary care, custody and/or control of a child.
(dd) “Non-legally responsible relative” means a relative person connected with a child by
blood, marriage, or adoption who assumes responsibility for the care of a child without
legal custody, but is not in violation of a court order. A “Nnon-legally responsible relative”
does not include a relative who has physical custody of a child during a court-ordered
visitation period.
(ee) “Obligee” shall mean means the person or entity to whom child support is owed.
7 O.C. 704 – Page 4
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(ff) “Obligor” shall mean means the person who is obliged to pay child support to the
obligee.
(gg) “Ownership interest” means any personal financial interest.
(hh) “Parent” means the biological natural or adoptive parent of the child.
(ii) “Payor” shall mean means a person or entity with a legal obligation, as an employer,
buyer of goods, debtor, or otherwise, to pay an obligor.
(r) “Relative” means any person connected with a child by blood, marriage or adoption.
(jj) “Reservation” shall mean means all lands within the exterior boundaries of the
Reservation of the Oneida Nation Tribe of Indians of Wisconsin, as created pursuant to the
1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal
law.
(kk) “Serial family obligor” means an obligor with an existing legal obligation for child
support who incurs an additional legal obligation for child support in a subsequent family
as a result of a child support order.
(ll) “Shared-placement obligor” means a parent who has an ordered period of placement
of at least twenty-five percent (25%), is ordered by the Family Court to assume the child’s
basic support costs in proportion to the time that the parent has placement of the child and
is determined to owe a greater support amount than the other parent.
(mm) “Split-placement obligor” means an obligor who has two (2) or more children and
who has physical placement of one (1) or more children but not all of the children.
(nn) “Stipulation” means a voluntary agreement between parties concerning some relebatn
point.
(mmoo) “Substantial change of income” means the obligor has a significant change in his
or her finances that would lead to a change in child support of more than fifteen percent
(15%) and fifty dollars ($50.00) per month.
(nnpp) “Variable costs” means the reasonable costs above basic support costs incurred by
or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s
special needs, and other activities that involve substantial cost.
(ooqq) “Threshold” means an amount, expressed as either a percentage of the monthly
amount due, a fixed dollar amount, or both, that the lien amount must equal or exceed
before an administrative enforcement action may be used to enforce a child support order.
(t) “Tribe” or “Tribal” shall mean the Oneida Tribe of Indians of Wisconsin.
(u) “Wage Withholding” shall mean the process whereby a court order, Family Court
order or voluntary wage assignment directs an employer, bank or agent holding monies or
property of an obligor, to make payments or deliver property to satisfy a child support
obligation.
704.4. Jurisdiction
704.4-1. The Family Court has jurisdiction over any action brought under this law.
704.4-2. Personal Jurisdiction. Personal jurisdiction over an individual under this law may be
established where one party or a child of the parties is any of the following:
(a) a member of the Tribe; or Nation;
(b) a resident of the Reservation who is also a member of an Indian tribe, band or
community which is recognized by a State or the federal government;
(c) a resident of the Reservation who is also the biological parent of a the child that is
enrolled or is eligible for enrollment with the Tribe Nation; or
7 O.C. 704 – Page 5
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(d) an individual who consents to the jurisdiction of the Family Court by one (1) of the
following means:
(1) Filing an action with the Family Court.;
(2) Knowingly and voluntarily giving written consent to the jurisdiction of the
Family Court.;
(3) Entering a notice of appearance before the Family Court in an action without
concurrently preserving the defense of lack of personal jurisdiction or filing a
motion to dismiss for lack of personal jurisdiction within thirty (30) days of entering
the notice of appearance.; or
(4) Appearing in an action before the Family Court without asserting the defense
of lack of personal jurisdiction.
704.4-23. Personal jurisdiction over the other party may be established using any method provided
by law, including long-arm jurisdiction procedures as provided for in Section 201 of the Uniform
Interstate Family Support Act as referred to in 42 USC Section U.S.C. §666.
704.4-34. Transfer of Cases from Other Courts. If personal jurisdiction over the parties has been
established under 704.4-1 or 704.4-2 this law, the Family Court has jurisdiction over any action
transferred to the Family Court from any court of competent jurisdiction.
704.5. Initiating an Action for Child Support Orders
704.5-1. Every parent has a duty to support each and every child of that parent. A child support
order may be obtained from the Family Court by either submitting a voluntary agreement to the
Family Court for approval or by filing a petition for child support with the Family Court.
(a) If a party to the action is a minor or is a legally incompetent adult, the Family Court
may appoint a guardian ad litem to represent such party in the action, in accordance with
section 705.8 of the Child Custody, Placement and Visitation law.
704.5-2. A party may request the services of the Agency or may be referred to the Agency from
an entitlement program.
704.5-2. Initiation of Action by the Agency. For assistance in initiating a child support order Aa
party may request the services of the Agency or may be referred to the Agency from an entitlement
program.
(a) Within thirty five (530) business days of receiving a completed application for services
or a referral, the Agency shall send the non- meet with the custodial parent a Letter of
Request for Support and Financial Disclosure form.
(b) Within seven (7) business days of the meeting with the custodial parent, the Agency
shall send a Letter of Request for Support and Financial Disclosure form to the noncustodial parent.
(bc) If the non-custodial parent fails to respond to or take action on the Letter within ten
(10) business days, a second Letter of Request for Support and Financial Disclosure form
shall be sent.
(c) If the non-custodial parent fails to respond to or take action on the second Letter within
five (5 within ten (10) business days, the custodial parent, or the Agency when required by
federal law, may initiate a hearing in accordance with this law.
(d) If the non-custodial parent responds within the required time period after receiving a
Letter of Request for Support and Financial Disclosure form, the parties shall attempt to
enter into a stipulationvoluntary agreement.
704.5-3. Initiation of Action by a Party Not the Agency. Any of the following individuals may
initiate an action for the establishment of child support at any time by filing a petition with the
Family Court:
7 O.C. 704 – Page 6
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(1a) a custodial parent;
(2b) a child’s mother;
(3c) a child’s father;
(4d) a child’s guardian ad litem;
(5e) a child’s non-legally responsible relative; or
(6f) a legally incompetent adult’s guardian ad litem.; or
704.5-34. Voluntary AgreementStipulation. (a) The parties may enter into a stipulation voluntary
agreement at any time as to the level of the child support obligation.
(a) The Agency shall assist parties in reaching a stipulation voluntary agreement upon
request or when the parties are referred to the Agency by an entitlement program. Parties
may also submit a stipulation voluntary agreement to the Family Court for approval without
the Agency’s assistance.
(b) In order for a stipulation voluntary agreement to be valid the following conditions shall
be met:
(1) The stipulation agreement shall be in writing, signed, and notarized;
(2) If the parties deviate from the percentage standards, the stipulation agreement
shall state the amount of support that would have been ordered by the percentage
standards and the reasons for deviating from the percentage standards;
(3) All parties shall sign the stipulation agreement free of duress and coercion; and
(4) The Family Court shall make written findings that the stipulation agreement is
appropriate, using the criteria for deviating from standard percentages under 704.73 as a guideline, if applicable.
(c) After the stipulation agreement is approved and filed by the Family Court, it shall have
the same force and effect as an order issued by the Family Court. The obligation of the
obligor to pay child support shall commence on the date specified in the stipulation
agreement, but no later than the date the agreement is approved and filed by the Family
Court.
704.5-45. Initiating a Hearing Petition to Establish Child Support. If the parties do not enter into
a stipulationvoluntary agreement, then any of the following may initiate an action for the
establishment of a petition to establish child support by filing a petition may be filed with the
Family Court.
(a) a custodial parent;
(b) a child’s natural mother;
(c) a child’s father;
(d) a child’s guardian ad litem;
(e) a child’s non-legally responsible relative;
(f) a legally incompetent adult’s guardian ad litem; or
(g) the Agency when required by federal law.
704.5-5. Petition. The petition to establish child support may be filed as a separate proceeding or
in connection with a petition for child custody. The petition to establish child support shall include
the following:
(a) Requirements of the Petition. The petition to establish child support shall include the
following:
(1) The name, date of birth, and address, and tribal affiliation of the petitioner, and
respondent, and child for whom support is requested;
(1A) If the address of the respondent is unknown, other Tribal departments
of the Nation shall cooperate with the Family Court, at the Family Court’s
request, to provide the Family Court with the respondent’s address. Any
7 O.C. 704 – Page 7
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such Family Court requests shall be made in such a way which protects the
privacy rights of all parties and children who are involved in proceedings or
actions under this law.
(2) With whom the child currently resides;
(3) When and how paternity was established;
(4) Name and date of birth of other children of the parties, and the child support
obligation for those children, if applicable;
(5) Whether either party is receiving state or tribal benefits, and if so, what benefits;
(6) Whether any other action to determine child support has been commenced or
is pending in a court of another jurisdiction and whether a child support order has
been entered by another court;
(7) Financial information such as the parties’ income;
(8) The relief the petitioner is requesting, which shall include, but is not limited to,
establishment of support, request for support back to date of filing, and/or any other
relief the court may deem just and equitable;
(b2) Confidential Petition Addendum. The confidential petition addemdum is a A
separate form which has the parties and the child’s name, date of birth and social
security number. This form shall be kept separate from the petition and shall be
maintained in a confidential file. The form shall be available only to the parties,
their the parties’ attorneys or advocates, the Agency, or any person authorized by
the Family Court to have access to the form.
(b) Nondisclosure of Information in Protected Cases. Upon a finding, which may be made
ex parte, that the health, safety or welfare of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an existing order so provides, the
Family Court shall order that the address of the child or party, or other identifying
information, not be disclosed in a pleading or other document filed in a proceeding under
this law.
704.5-6. (c) Hearing Date. Upon receipt of a petition, the Family Court shall schedule a
hearing to determine child support to be held at a time after the filing of the petition and
consistent with the manner of service.
704.5-7. (d) Notice Summons. All parties shall be notified of the petition and of all
hearings, and shall be given an opportunity to be heard.
(1) Service of the Summons. The summons, which N notices the initiationg of an
action shall be served by certified mail (return receipt requested) or in person within
fifteen (15) calendar days after the petition is filed with the Family Court. All
mailing of notice The summons shall include the Family Court clerk’s return
address, with a notice request to file an answer to that address. Subsequent Any
notice after the summons shall be served by first-class mail to the recently verified
last-known address of the party.
(aA) Certified mail. Certified mail sent to a party’s most recently verified
last-known address but returned because it was unclaimed or refused shall
constitute constructive service. Certified mail returned for other reasons
shall require service by other methods pursuant to the Oneida Judiciary
Rules of Civil Procedure.
(bB) Publication. When a responding party cannot be found for personal
service after diligent attempts and attempts to serve the responding party by
certified mail have failed, the petitioner shall may ask the Family Court to
direct the Agency to provide use service by publication. If the request is
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granted, the Agency The publication shall be publish the petition in the
Kalihwisaks Nation’s newspaper or a newspaper of general circulation in
the county of residence of the respondent, if known. The Ppublication shall
be designated as a Legal Notice and any confidential information shall be
redacted.
(1i) If service by publication is usedpermitted and there is
insufficient time for notice and answer pursuant to this lLaw, the
Family Court shall re-schedule the hearing appropriately and may
permit extended time deadlines for default orders and for hearings
in order to provide for fair notice and opportunity for the party to
respond.
704.5-8 (2) Requirements of the Summonsand Petition. The summons to be served
on the respondent(s), along with the petition, shall include the following notice, in
addition to providing a time, place, and date for appearance:
(a1) That if he or she chooses not to appear at the hearing or enter a defense
to the petition challenging the authority of the Family Court to hear the
matter by the date of the hearing, the hearing shall proceed on the basis of
the petitioner’s evidence;
(b2) That a child support order may require the respondentperson found to
be the obligor to pay child support until the child reaches eighteen (18) years
of age or until the child graduates from high school, or its equivalent, up to
age nineteen (19);
(c3) That the respondent’s person found to be the obligor may have his or
her license(s) may be suspended or denied for failure to pay child support,
in addition to other enforcement actions;
(d4) That the respondent’s person found to be the obligor’s employer or
others with evidence of the respondent’s his or her income may be
subpoenaed to provide the Family Court with records of his or her earnings;
(e5) That if the respondent person found to be the obligor is unemployed,
he or she will it shall still be imputed to be determind that he or she is able
to provide some degree of child support and an order of support will shall
be calculated according to this law unless the Family Court makes written
findings ordering otherwise; and
(f6) That any answer to the petition shall be filed with the Family Court
within twenty (20) calendar days of the date of service of the petition, and
a copy served on the other party.
704.5-9 (e) Answers. Answers shall be filed with the Family Court and served on the
petitioner within twenty (20) calendar days of the date of service of the petition in
accordance with the Nation’s laws and policies governing civil procedure.
704.5-10 (f) Subpoenas. Upon request of either party, the Family Court shall issue
subpoenas to any person in possession of relevant information to appear or produce
documents to the Family Court. Failure to comply with such a subpoena may be punishable
as contempt.
704.5-11. Temporary Orders. At any time after a child’s parentage has been established, the
Family Court may make a temporary order for the payment of child support and the child’s health
care expenses. Before making a temporary order, the Family Court shall consider those factors
that the Family Court is required to consider when granting a final child support order. If the
Family Court makes a temporary child support order that deviates from the amount of support that
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would be required by using the percentage standard, the requirements of section 704.7-38 shall be
complied with.
704.6. Child Support Hearing Procedures
704.6-1. The factual determinations made at a hearing shall include, but is not be limited to, the
income and expense information necessary to determine the appropriate level of support according
to this law.
704.6-2. The Family Court may utilize discovery procedures and contempt powers, as authorized
by any Tribal law, policy, or rule of the Nation to obtain information relevant to the establishment
or enforcement of child support. These procedures may include the following:
(a) Issue subpoenas requiring necessary and relevant parties to appear in person and
provide testimony;
(b) Issue subpoenas requiring the production of evidence;
(c) Obtain information about property or assets to assess its value or funding source for
lien or seizure actions;
(d) Obtain information about the income of any party to the action.; and/or
(e) Issue contempt findings for failure to comply with the lawful order of the Family Court.
704.6-3. Both parties have the right to representation by an attorney and/or advocate at his or her
their own expense. The Tribe Nation shall not be required to pay for any fees and/or expenses
incurred by any party in connection with proceedings under this law.
704.6-4. Temporary Orders. At any time after a child’s parentage has been established, the Family
Court may make a temporary order for the payment of child support and the child’s health care
expenses. Before making a temporary order, the Family Court shall consider those all factors that
the Family Court is required to consider when granting a final child support order. If the Family
Court makes a temporary child support order that deviates from the amount of support that would
be required by using the percentage standard, the requirements of section 704.7-38 shall be
complied with.
704.6-45. Default. If the respondent fails to appear at the hearing upon a showing of valid service
and the petitioner presents evidence of the obligation by the absent party, a child support order
shall be entered pursuant to the evidence.
704.6-56. Hearings and Records Closed. Child Ssupport proceedings shall be closed to any
person other than those necessary to the action or proceeding. Records of child support cases shall
remain confidential and shall only be viewed by the parties, the legal guardian of a party who is a
minor, the parties’ attorney or advocate, guardian ad litem, Judges and staff assigned to the case,
and those other persons who first obtain a written release from a party to view material contained
in the record.
704.7. Determining the Child Support Determination Obligation
704.7-1. Except as provided elsewhere in this law, Tthe Family Court shall determine child
support payments by using the percentage standards established in section 704.7-2 of this law,
except as provided elsewhere in this law. The obligor’s monthly income shall be considered in
determining his or her child support obligation.
704.7-2. Percentage Standards to Determine the Amount of Child Support.
(a) The following percentages shall be applied to the portion of an obligor’s monthly
income available for child support that is less than seven thousand dollars ($7,000:):
(1) seventeen percent (17%) for one (1) child;
(2) twenty-five percent (25%) for two (2) children;
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(3) twenty-nine percent (29%) for three (3) children;
(4) thirty-one percent (31%) for four (4) children; and
(5) thirty-four percent (34%) for five (5) or more children.
(b) The following percentages shall be applied to the portion of an obligor’s monthly
income available for child support that is greater than or equal to seven thousand dollars
($7,000) and less than or equal to twelve thousand five hundred dollars ($12,500):
(1) fourteen percent (14%) for one (1) child;
(2) twenty percent (20%) for two (2) children;
(3) twenty-three percent (23%) for three (3) children.;
(4) twenty-five percent (25%) for four (4) children.; and
(5) twenty-seven percent (27%) for five (5) or more children.
(c) The following percentages shall be applied to the portion of an obligor’s monthly
income available for child support that is greater than twelve thousand five hundred dollars
($12,500):
(1) ten percent (10%) for one (1) child.;
(2) fifteen percent (15%) for two (2) children.;
(3) seventeen percent (17%) for three (3) children.;
(4) nineteen percent (19%) for four (4) children.; and
(5) twenty percent (20%) for five (5) or more children.
704.7-3. 1.3-1. Determining Income Modified for Business Expenses. In determining a parent’s
monthly income, the Family Court may adjust a parent’s gross income as follows:
(a) Adding wages paid to dependent household members.
(b) Adding undistributed income that the Family Court determines is not reasonably
necessary for the growth of the business. The parent shall have the burden of proof to show
that any undistributed income is reasonably necessary for the growth of the business.
(c) Reducing gross income by the business expenses that the Family Court determines are
reasonably necessary for the production of that income or operation of the business and
that may differ from the determination of allowable business expenses for tax purposes.
704.7-4. Determining Income Imputed Based on Earning Capacity. When a parent’s income is
less than the parent’s earning capacity or is unknown, the Family Court may impute income to the
parent at an amount that represents the parent’s ability to earn.,
(a) The parent’s ability to earn may be based on the parent’s:
(1) education, training, and recent work experience,;
(2) earnings during previous periods,;
(3) current physical and mental health,;
(4) history of child care responsibilities as the parent with primary physical
placement,; and
(5) the availability of work in or near the obligor’s community.
(b) If evidence is presented that due diligence has been exercised to ascertain information
on the parent’s actual income or ability to earn and that information is unavailable, the
Family Court may impute to the parent the income that a person would earn by working
thirty-five (35) hours per week for the federal minimum hourly wage under 29 USC 206
(a)(1). In addition to imputed income, the Family Court may order the parent to search for
a job or participate in a work experience and job training program.
(c) If a parent has gross income or income modified for business expenses below his or
her earning capacity, the income imputed based on earning capacity shall be the difference
between the parent’s earning capacity and the parent’s gross income or income modified
for business expenses.
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704.7-5. Determining Income Imputed from Assets.
(a) The Family Court may impute a reasonable earning potential to a parent’s assets if the
Family Court finds both of the following:
(1) The parent has ownership and control over any real or personal property,
including but not limited to, life insurance, cash and deposit accounts, stocks and
bonds, business interests, net proceeds resulting from worker’s compensation or
other personal injury awards not intended to replace income, and cash and corporate
income in a corporation in which the obligor has an ownership interest sufficient to
individually exercise control and the cash or corporate income is not included as
gross income.
(2) The parent’s assets are underproductive and at least one (1) of the following
applies:
(A) The parent has diverted income into assets to avoid paying child
support.
(B) Income from the parent’s assets is necessary to maintain the child or
children at the standard of living they would have had if they were living
with both parents.
(b) The Family Court shall impute income to assets by multiplying the total net value of
the assets by the current six (6) month treasury bill rate or any other rate that the Family
Court determines is reasonable and subtracting the actual income from the assets that were
included as gross income.
704.7-6. Adjustment for Child’s Social Security Benefits. The Family Court may include consider
benefits received by a child under 42 U.S.C. §402(d) based on a parent’s entitlement to federal
disability or old-age insurance benefits under 42 U.S.C. §401 to 433 in the parent’s gross income
and adjust an obligor’s child support obligation by subtracting the amount of the child’s benefit.
In no case may this adjustment require the obligee to reimburse the obligor for any portion of the
child’s benefit. If the obligor is receiving the child’s benefit, the support amount is either the
percentage standard applied to the obligor’s income or the amount of the child’s benefit, whichever
is greater.
(a) Determining the Child Support Obligations of Shared-Placement Parent when the
Child Receives Social Security Benefits. If the shared-placement guidelines under section
704.8-2 apply, the child’s benefit is split between the parents in proportion to the amount
of time the child spends with each parent. Add the proportion of the child’s benefit that
represents the proportion of time the child spends with the parent not receiving the benefit
to the support obligation of the parent who is receiving the child’s benefit. Child support
shall be determined as follows:
(1) Determine each parent’s monthly income available for child support under
section 704.7-2. If a parent has one (1) or more previous child support obligations,
determine the parent’s monthly income available for child support adjusted for the
previous obligations as provided in section 704.8-1. Include the parent’s federal
disability or old age insurance benefits under 42 U.S.C. §401 to 433 in that parent’s
income, but do not include the child’s benefit under 42 U.S.C. §402 (d) in either
parent’s income.
(2) Multiply each parent’s monthly income available for child support by the
appropriate percentage standard under section 704.7-2.
(3) Multiply each amount determined under section 704.7-6(a)(2) by one hundred
and fifty percent (150%).
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(4) Multiply the amount determined for each parent in section 704.7-6(a)(3) by the
proportion of time that the child spends with the other parent.
(5) Multiply the amount of the child’s benefit by the proportion of the time the
child spends with the parent who is not receiving the child’s benefit.
(6) Add the amount in section 704.7-6(a)(5) to the child support obligation
calculated in section 704.7-6(a)(4) for the parent who is receiving the child’s
benefit.
(7) Offset the resulting amounts against each other. The parent with the greater
child support obligation is the shared-placement obligor. The shared-placement
obligor shall pay either the greater of the amount determined in this subsection or
the amount determined using the appropriate percentage standard under section
704.7-2.
704.7-7. Claiming Children for Tax Purposes. The Family Court may address who may claim
the child for tax purposes or accept a stipulation entered into by the parties regarding children and
taxes.
704.7-38. Deviation from Standard Factors the Percentage Standards. Upon request by a party,
the Family Court may modify the amount of child support payments determined by the percentage
standards if, after considering the following factors, the Family Court finds by the greater weight
of the credible evidence that use of the percentage standards is unfair to the child or to any of the
parties:
(a) The financial resources of the child;
(b) The financial resources of both parents;
(c) Maintenance received by either party;
(d) The needs of each party in order to support himself or herself at a level equal to or
greater than that the federal poverty line as established under 42 U.S.C. §9902 (2);
(e) The needs of any person, other than the child, whom either party is legally obligated to
support;
(f) The standard of living the child would have enjoyed if his or her parents were living
together;
(g) The desirability that the custodial parent remain in the home as a full-time parent;
(h) The cost of day care if the custodian custodial parent works outside the home, or the
value of custodial services performed by the custodian custodial parent if the custodian
custodial parent remains in the home;
(i) The award of substantial periods of physical placement to both parents;
(j) Extraordinary travel expenses incurred in exercising the right to periods of physical
placement;
(k) The physical, mental, and emotional health needs of the child, including any costs for
health insurance;
(l) The child’s educational needs;
(m) The tax consequences to each party;
(n) The best interests of the child;
(o) The earning capacity of each parent, based on each parent’s education, training and
work experience and the availability of work in or near the parent’s community; and
(p) Any other factors which the Family Court in each case determines are relevant.
Cross-reference: See also Rule CS 1 CHILD SUPPORT PERCENTAGE OF INCOME STANDARD.
704.7-59. Past-due and Arrears obligations.
(a) A party may request payment of arrears or past-due child support as follows:
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(1) In an action pursuant to Chapter 703, Paternity, regarding paternity, back to
the date of birth of the child or date of application, whichever is later;
(2) In a child support establishment or modification pursuant to this law, back to
the date of application, review, or referral; or
(3) In an establishment or modification of placement pursuant to Chapter 702 or
Chapter 705, an action regarding divorce, annulment and legal separation or child
custody, placement, and visitation, back to the date of filing, or as otherwise ordered
by the Family Court.
(b) An A payment for arrears or a past-due payment shall be set based on the amount due
and the income available to pay current support.
(c) Once current child support is ended in any manner prescribed by law, child support
shall continue to be paid at the same rate, until all arrears or past due child support is paid
in full.
704.8. Determining the Child Support Obligation in Special Circumstances Content and
Effect of Order
704.8-1.1.4-1. Determining the Child Support Obligation of a Serial-Family Obligor.
(a) Applicability. This subsection applies only if the additional support obligation incurred
by the obligor is the result of a child support order and the support obligation being
calculated is for children from a subsequent family or subsequent paternity judgment or
acknowledgment. An obligor may not use the provisions of this section as a basis for
seeking modification of an existing order based on a subsequently incurred legal obligation
for child support.
(b) Determination. For a serial-family obligor, the child support obligation incurred for a
marital or non-marital child in a subsequent family as a result of a child support order may
be determined as follows:
(1) Determine the obligor’s monthly income.
(2) Determine the order of the obligor’s legal obligations for child support by
listing them according to the date each obligation is incurred.
(A) For a marital child, the legal obligation for child support is incurred on
the child’s date of birth.
(B) For a non-marital child, the legal obligation for child support is incurred
on the date of the child support order that paternity is legally established.
(C) For a non-marital paternal child in an intact family, it is incurred on the
date of adoption or the date of the filing of an acknowledgement of paternity
that paternity is legally established.
(D) For a non-marital maternal child in an intact family, it is incurred on
the child’s date of birth;.
(3) Determine the first child support obligation as follows:
(aA) If the obligor is subject to an existing support order for that legal
obligation, except a shared-placement order, the support for that obligation
is the monthly amount of that order; or
(bB) If the obligor is in an intact family, has primary placement of another
child, or is subject to a shared-placement order, the support is determined
by multiplying the appropriate percentage for that number of children by
the obligor’s monthly income;.
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(4) Adjust the monthly income by subtracting the support for the first legal
obligation under (3) from the obligor’s monthly income under (1).;
(5) Determine the second child support obligation as follows:
(aA) If the obligor is subject to an existing support order for that legal
obligation, except a shared-placement order, the support for that obligation
is the monthly amount of that order; or
(bB) If the obligor is in an intact family or is subject to a shared-placement
order, the support is determined by multiplying the appropriate percentage
for that number of children by the obligor’s monthly income.;
(6) Adjust the monthly income a second time by subtracting the support for the
second legal obligation determined under (5) from the first adjusted monthly
income under (4).;
(7) Repeat the procedure under (5) and (6) for determining the child support
obligation and adjusting the monthly income for each additional legal obligation
for child support the serial family obligor has incurred.;
(8) Multiply the appropriate percentage for the number of children subject to the
new order by the final adjusted monthly income determined in either (6) or (7) to
determine the new child support obligation.
704.8-2. 1.4-2. Determining the Child Support Obligations of Shared-Placement Parents.
(a) Applicability. The shared-placement formula may be applied when both of the
following conditions are met:
(1) Both parents have periods of placement of at least twenty-five percent (25%)
or ninety-two (92) days a year. When calculating periods of placement based on
equivalent care, the total number of overnights may exceed three hundred and sixtyfive (365). The period of placement for each parent shall be determined by
calculating the number of overnights or equivalent care ordered to be provided by
the parent and dividing that number by 365. the total number of overnights in a
year. The combined periods of placement for both parents shall equal one hundred
percent (100%),
(2) Each parent is ordered by the Family Court to assume the child’s basic support
costs in proportion to the time that the parent has placement of the child.
(b) Determination. The child support obligations for parents who meet the requirements
of (a) for the shared-placement formula may be determined as follows:
(1) Determine each parent’s monthly income.
(A) In determining whether to impute income based on earning capacity
for an unemployed parent or a parent employed less than full time under
1.3-2, the Family Court shall consider benefits to the child of having a
parent remain in the home during periods of placement and the additional
variable day care costs that would be incurred if the parent worked more.
(2) Multiply each parent’s monthly income by the appropriate percentage standard
under 704.7.
(3) Multiply each amount determined under (2) section 704.8-2(b)(2) by one
hundred and fifty percent (150%).
(4) Multiply the amount determined for each parent under (3) section 704.8-2(b)(3)
by the proportion of the time that the child spends with the other parent to determine
each parent’s child support obligation.
(5) Offset resulting amounts under (4) section 704.8-2(b)(4) against each other.
The parent with a greater child support obligation is the shared-placement obligor.
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The shared-placement obligor shall pay the lesser of the amount determined under
this section or the amount determined using the appropriate percentage standard
under 704.7. If the shared-placement obligor is also a low-income obligor, the child
support obligation may be the lesser of the amount determined under this section
or under 1.4-4 the shared placement determination or the low-income
determination.
(6) In addition to the child support obligation determined under (5) section 704.82(b)(5), the Family Court shall assign responsibility for payment of the child’s
variable costs in proportion to each parent’s share of physical placement, with due
consideration to a disparity in the parents’ incomes.
(A) The Family Court shall direct the manner of payment of a variable cost
order to be either between the parents or from a parent to a third-party
service provider.
(B) The Family Court shall not direct payment of variable costs to be made
to the Agency or the Agency’s designee, except as incorporated in the fixed
sum or percentage expressed child support order.
(7) A change in the child’s variable costs shall not in and of itself be considered a
substantial change in circumstances sufficient to justify a modification of a
judgment or order under section 704.10.
704.8-3.1.4-3. Determining the Child Support Obligations of Split-Placement Parents.
(a) Applicability. The split-placement formula may be applied when For parents who have
two (2) or more children and each parent has placement of one (1) or more but not all of
the children, the child support obligations may be determined as follows:.
(b) Determination. The child support obligation for a split-placement parent may be
determined as follows:
(a1) Determine each parent’s monthly income.
(b2) Multiply each parent’s monthly income by the appropriate percentage for the
number of children placed with the other parent to determine each parent’s child
support obligation. Determine the appropriate percentage standard for the number
of total children.
(3) Divide the appropriate percentage standard for the number of total children by
the total number of children.
(4) Multiply the number calculated in section 704.8-3(b)(3) by the number of
children placed with each parent.
(5) Multiply each parent’s monthly income by the number calculated in 704.83(b)(4) based on the number of children placed with the other parent to determine
each parent’s child support obligation; and
(c6) Offset resulting amounts under (b) section 704.8-3(b)(5) against each other.
The parent with a greater child support obligation is the split-placement obligor.
704.8-4.1.4-4. Determining the Child Support Obligation of a Low-Income Obligor.
(a) Applicability. If an the obligor’s total economic circumstances limit his or her ability
to pay support at the level determined under 704.7 by the standard percentage standards,
then the low-income obligor standards found in the Child Support Obligation of LowIncome Payers Schedule may be used.
(b) Determination. The Family Court may use the monthly support amount provided in
the schedule in Appendix A Child Support Obligation of Low-Income Payers Schedule as
the support amount for an obligor with a monthly income at a level set forth in the schedule
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if the obligor’s total economic circumstances limit his or her ability to pay support at the
level determined under 704.7.
(1) If an obligor’s monthly income is below the lowest income level in Appendix
A the Child Support Obligation of Low-Income Payers Schedule, the Family Court
may set an order at an amount appropriate for the obligor’s total economic
circumstances. This amount may be lower than the lowest support amount in
Appendix A the Child Support Obligation of Low-Income Payers Schedule. (b) The
Agency shall revise the schedule in Appendix A at least once every four (4) years.
The revision shall be based on changes in the federal poverty guidelines since the
schedule was last revised.
704.8-1. The child support order shall provide for immediate wage withholding. An order to
withhold income shall be binding against future payors upon actual notice of the order through
service by personal delivery or certified mail upon the payor. Wages shall not be subject to
withholding only where:
(a) One of the parties demonstrates and the Family Court finds that there is good cause not
to require wage withholding due to one of the following:
(1) There is an error in the amount of current or overdue support; or
(2) The identity of the obligor is mistaken.
(b) The parties reach a written agreement which provides for an alternative arrangement
and is approved by the Family Court.
704.8-2. The Family Court may require a party, or both parties, to utilize the services available to
him or her to obtain and maintain regular employment and/or job training.
704.8-3. Support Order Notice Requirements. Each order for child support shall include an order
that the obligor and obligee notify the Agency of any change of address or name change within
ten (10) business days of such change. Each order for child support shall also include an order that
the obligor notify the Agency and the obligee of any change of employer or substantial change of
income within ten (10) business days of the change. A “substantial change of income” means the
obligor has a significant change in his or her finances that would lead to a change in child support
of either more than fifteen percent (15%) or fifty dollars ($50.00) per month. An order under this
section is enforceable as contempt.
704.8-4. Collection and Distribution of Child Support. The Agency shall collect and distribute
child support monies pursuant to regulations set forth in the Social Security Act 45 CFR 309.115.
704.9. Child Support Order Enforcement of Order
704.9-1. 1.3-5. Expression of Ordered Support. The child support amount shall be expressed as
a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the
obligor’s income and the stipulation requirements of Chapter 704 are satisfied.
704.9-42. Interest on Arrears. The Tribe Nation shall not charge a party an obligor ordered to
pay child support interest on any arrears.
704.9-23. Income WageWithholding. The child support order shall provide for immediate wage
income withholding.
(a) A copy of the Family Court’s wage income withholding order shall be sent by the
Agency to a payor within three (3) business days of the entry of the order of the Family
Court by any business method acceptable to the payor mail, fax, or electronic means.
(b) An order to withhold income shall be binding against future payors upon actual notice
of the income withholding order through service notice by mail, fax, or electronic means.
personal delivery or certified mail upon the payor.
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(c) Income wages shall not be subject to withholding only where:
(a1) One of the parties demonstrates, and the Family Court finds, that there is good
cause not to require income wage withholding due to one of the following:
(1A) There is an error in the amount of current or overdue support; or
(2B) The identity of the obligor is mistaken.
(b2) The parties reach a written agreement which provides for an alternative
arrangement that is approved by the Family Court.
(bd) No payor shall refuse to honor a wage an income withholding order executed pursuant
to this law. A payor shall begin withholding income immediately after noticeservice of a
wage an income withholding order made pursuant to this law. Within five (5) business
days after the payor pays the obligor, the payor shall send the amount withheld to the
Agency Wisconsin Support Collections Trust Fund.
(ce) A payor shall be liable for one hundred percent (100%) of the child support order, or
the amount of money that should have been withheld from the obligor’s earnings,
whichever is the lesser amount, if the payor:
(1) Fails or refuses, after being noticed of served with an income withholding order,
to deduct or promptly remit the amounts of money required in the order; or
(2) Fails or refuses to submit an answer to the notice of wage income withholding
after being noticed served; or
(3) Is unwilling to comply with the other requirements of this law.
(df) A payor shall not discharge from employment, refuse to employ, or otherwise take
disciplinary action against any obligor solely because he or she is subject to wage income
withholding.
(1) When the Family Court finds that a payor has taken any of these actions, the
payor shall be liable for a civil penalty. Any payor who violates any provision of
this paragraph shall be liable in a civil action for reasonable damages suffered by
an obligor as a result of the violation, and an obligor discharged or demoted in
violation of this paragraph shall be entitled to be reinstated to his or her former
position.
(2) The statute of limitations for actions under this section shall be one (1) year.
(eg) A payor who repeatedly fails to comply with a wage an income withholding order as
required by this law may be subject to a fine, not to exceed five hundred dollars ($500), or
have its Oneida vendor license revoked or suspended, if applicable, until compliance with
this law is assured.
(1) The vendor license issuing agency shall comply with the Family Court order to
revoke or suspend a vendor license.
(fh) If wage income withholding is inapplicable, ineffective or insufficient to ensure
payment of child support, the Family Court may require the obligor to establish an account
for the purpose of transferring child support payments.
(gi) The total amount withheld under an income withholding order shall not exceed the
maximum amount permitted under section 303(b) of the Consumer Credit Protection Act
(15 U.S.C. §1673(b)).
(hj) Non-Indian off-reservation payors shall be subject to income withholding under 28
U.S.C. §1738B.
704.9-4.704.8-2. Conditions of the Order. The Family Court may require a party, or both parties,
to use the services available to him or her to obtain and maintain regular employment and/or job
training.
704.9-5. Support Order Notice Requirements. Each order for child support shall include:
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(a) aAn order that the obligor and obligee notify the Agency of any change of address or
name change within ten (10) business days of such change; and
(b) Each order for child support shall also include a An order that the obligor notify the
Agency and the obligee of any change of employer or substantial change of income within
ten (10) business days of the change. A “substantial change of income” means the obligor
has a significant change in his or her finances that would lead to a change in child support
of either more than fifteen percent (15%) or fifty dollars ($50.00) per month. An order
under this section is enforceable as contempt.
704.9-6. Enforcement of Order. A child support order under this section is enforceable as
contempt.
704.9-7. Collection and Distribution of Child Support. The Agency shall collect and distribute
child support monies pursuant to regulations set forth in the Social Security Act 45 CFR 309.115.
704.9-8. 1.3-6 Trust. The Family Court may protect and promote the best interests of the minor
children by setting aside a portion of the child support that either party is ordered to pay in a
separate fund or trust for the support, education, and welfare of such children.
704.7-49-9. Non-Cash Payments.
(a) Non-cash payments may be used to satisfy part or all of a child support order if the
parties and the Family Court agree to allow non-cash payments. Non-cash payments shall
not be used to fulfill arrears. If non-cash payments are allowed, the order shall:
(1) state the specific dollar amount of the support obligation;
(2) state the maximum amount (in dollars) of non-cash payment that the obligee
will accept;
(3) describe the type(s) of non-cash payment that is permitted;
(4) provide that non-cash payment cannot be used to satisfy assigned child support
obligations.
(b) When both parents are in agreement that non-cash payments may be used to satisfy a
child support obligation, the non-cash payment may include, but is not limited, to the
following:
(1) Clothing.;
(2) Groceries.;
(3) Child Care.;
(4) Deer/Venison.;
(5) Wood.;
(6) Transportation.;
(7) Skilled trades or services, such as car repairs, lawn care and snow removal.;
and/or
(8) Gift cards.
(c) When a non-cash payment is used to satisfy part or all of a child support order, the
obligor and obligee shall submit any forms required by the Agency within the month that
the non-cash payment is made. If there are less than five (5) business days left in the month
when a non-cash payment is made, the obligor and obligee have five (5) business days to
submit any required forms to the Agency. The Agency shall be responsible for applying
the non-cash payment towards the child support order during the appropriate month.
704.9-3. In the event that an obligor is at least one (1) month delinquent in paying his or her child
support obligation, he or she may be subject to the following enforcement actions:
(a) increase in amount of wages withheld
(b) placement on lien docket;
(c) credit bureau reporting;
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(d) intercept of income and/or other payments;
(e) seizure of personal property;
(f) suspension of licenses;
(g) denial of passport;
(h) commitment to jail;
(i) charge of contempt;
(j) referral for criminal charges;
(k) any other enforcement action included in this law or in a rule that is established under
this law.
Cross-reference: See also Rule CS 2 ENFORCEMENT TOOLS.
704.10. Modification of a Child Support Order
704.10-1. Review of the Child Support Order. Every two (2) years, the Agency shall conduct a
review of the child support order. The Agency shall notify the non-custodial parent, custodial
parent, and any interested party that a review of their child support order will shall be conducted.
704.10-2. Modification of Child Support Sought by the Agency. After the two (2) year review is
conducted by the Agency, the Agency shall seek an order to modify the child support obligation if
there is a substantial change in circumstances, unless otherwise stipulated by the parties an order
to update the child support obligation will be sought by the Agency if there is a substantial change
in circumstances. A substantial change in circumstance means includes, but is not limited to:
(a) the child’s placement is changed;
(b) either parent or the child has a significant change in his or her finances that would lead
to a change in child support of either more than fifteen percent (15%) or
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