# Oneida Business Committee (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad9aba0898ecd10c1 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 319 Oneida Nation " Oneida Business Committee Legislative Operating Committee 000000 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. 2 of 319 Oneida Nation ~ Oneida Business Committee Legislative Operating Committee GDDDOO 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 r'\. OOODDD= A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of December 04, 2019 Page 1 of 2 ONEIDA 3 of 319 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 Page 2 of 2 4 of 319 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. Page 1 of 4 5 of 319 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. Page 2 of 4 6 of 319 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. Page 3 of 4 7 of 319 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. Page 4 of 4 8 of 319 Oneida Nation TO: FROM: DATE: RE: C\1. \ Oneida Business Committee f David P. Jordan, LOC Chairperson~ January 8, 2020 Child Support Law Amendments r""\ Oneida Business Committee Legislative Operating Committee OOODOD= PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ONEIDA ~~ 0....,. \J 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]; Page 1 of 2 A good mind. A good heart. A st rong fi re. 9 of 319 • • • 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'\ Page 2 of 2 A good mind. A good heart. A strong fire. fflKJOOO= ONEIDA 10 of 319 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 11 of 319 BC Resolution # _______ Amendments to the Child Support Law Page 2 of 2 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 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. 12 of 319 Oneida Nation " 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)]. Page 1 of 2 A good mind. A good heart. A strong fire. 13 of 319 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. Page 2 of 2 ~ ,CJOOOOO A good mind. A good heart . A strong fire. ONEIDA 14 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 shakoti>nuk&=lale> latiksash&ha> 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. Page 1 of 18 15 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 Page 2 of 18 16 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83  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. Page 3 of 18 17 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 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. Page 4 of 18 18 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 134 Chart 1. Current Notice Requirements – Initiating an Action by Child Support Agency. Agency Receives Application/ Referral 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 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]. Page 5 of 18 19 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 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 Page 6 of 18 20 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 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)]. Page 7 of 18 21 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327  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. Page 8 of 18 22 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 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 328 329 330 331 332 333 334 335 336 337 338 339  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]. Page 9 of 18 23 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08  340 341 342 343 344 345 346 347 348 349 350 351 352 o 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 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 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)]. Page 10 of 18 24 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 374 375 376 377 378 379 380 381 382 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? 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 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. Page 11 of 18 25 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 414 415 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 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 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]. Page 12 of 18 26 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491  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 Page 13 of 18 27 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 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. Page 14 of 18 28 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 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      Page 15 of 18 29 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630   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 Page 16 of 18 Collection Rate 50.27% 30.47% 46.45% 30 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 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 31 of 319 Analysis to Draft 3 for BC Consideration 2020 01 08 676 677 678 679 680 681  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. Page 18 of 18 32 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 704.10. 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 33 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 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 34 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 (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 35 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 (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 36 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 (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 37 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 (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 38 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 (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 39 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 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 7 O.C. 704 – Page 8 40 of 319 Draft 3 for OBC Consideration (Redline to Current) 2020 01 08 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 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, [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad9aba0898ecd10c1. Public record. Not legal advice.