11.03.010 General

(a) Purpose and Authority

The Saint Regis Mohawk Tribe believes that parents have a duty to care for their children and this duty applies to all parents whose parental rights have not been terminated. This duty includes providing love, guidance, education, providing a safe and healthy environment, participation in tribal culture, and to provide financial support.

The purpose of this chapter is to provide a process that ensures that the basic health and financial needs of the children are met when their parents do not live together. Child support is based on the financial resources of the parents, the financial needs of the children, and is an entitlement of the child.

Culturally, children of the Saint Regis Mohawk Tribe are cared for by parents, extended family, and the community. This chapter focuses on the parents' duty to meet the needs of their children.

The Saint Regis Mohawk Tribal Council is the duly recognized governing body of the Saint Regis Mohawk Tribe and is responsible for the health, safety, education and welfare of all members of the Tribe, and in furtherance of those responsibilities, the Saint Regis Mohawk Tribal Council passes this chapter.

(b) Procedure

(1) Where the method of procedure in any proceeding in which the Saint Regis Mohawk Tribal Court has jurisdiction under this chapter is not prescribed, the procedure shall be in accord with the Tribe's Rules of Civil Procedure to the extent they are suitable to the proceeding involved.

(2) If there is any conflict between the application of any provision under this chapter or any other provision of tribal law, this chapter governing the proceeding shall control.

(3) Any child support court proceeding shall be limited to the parties, legal counsel, court staff, CSEU staff, any witness for testimony, and SRMT Tribal Police. At the Judge's discretion, he/she may allow other people to attend.

(1) "Acknowledgment of Paternity" means the putative father of a child born out of wedlock and the biological mother of the child may formally acknowledge paternity by executing an Acknowledgment of Paternity or by signing a birth certificate.

(2) "Arrears" means the amount of money the payor has not paid pursuant to the most recent child support court order. Arrears shall not include birthing expenses imposed by a state or another Tribe.

(3) "Child" or "Minor Child" means the natural or adopted child under the age of twenty-one (21) years old.

(4) "Clerk" means the Clerk of the Saint Regis Mohawk Tribal Court.

(5) "Custodial Parent" (CP) means the person who has primary physical placement of the child(ren), whether by voluntary agreement or by Court Order. When a child(ren)'s placement is split evenly between parties meaning 50/50 then the parent who earns less income is deemed the custodial parent for child support purposes.

(6) "Financial Disclosure Form" means a form that each party to a child support request must fill out to determine his/her child support obligation. The form shall be promulgated by the SRMT-CSEU and disseminated to each party with any child support petition or paternity petition that requests child support.

(7) "Guardian" means anyone who has (a) child(ren) living with him/her for which he/she is providing financial support. The term can include any relative of the subject child(ren) even if there is no Court order establishing a guardianship.

(8) "Gross Income" means the income of a parent before any permitted deductions are made.

(A) Gross income shall include the following:

(i) Salaries and wages, including bonuses;

(ii) Interest and investment income;

(iii) Social Security disability and or social security retirement benefits;

(iv) Net proceeds from worker's compensation or other personal injury awards;

(v) Unemployment benefits;

(vi) Voluntary deferred compensation, including pension and profit-sharing plans;

(vii) Military and veteran benefits;

(viii) Undistributed income of a business, partnership or corporation;

(ix) All other sources of income.

(B) Gross income shall not include:

(i) Supplemental Security Income (SSI);

(ii) Temporary Assistance for Needy Families (TANF) or IV-D benefits iii. Other child support received.

(9) "Imputed Income" means the amount of income that shall be assigned to a party when calculating child support. This calculation shall be used when a party's income be unknown, if a party is unemployed or under-employed, or if a party refuses to provide sufficient information to determine his/her income.

(10) "Judge" means a Saint Regis Mohawk Tribal Court Judge.

(11) "Non-Cash Support" means non-cash child support provided to a family in the nature of goods and/or services rather than in cash. Non-cash support directly contributes to the needs of a child. Non-cash support may include services such as making repairs to automobiles or a home, the clearing or upkeep of property, providing a means for travel, providing needed resources for a child's participation in Tribal customs and practices, or other goods or services that contribute to the needs of a child, and can be reasonably assigned a cash value. Non-Cash support is only allowable when it is mutually agreed upon by both the non-custodial parent and the custodial parent.

(12) "NCP" means Non- Custodial Parent. The non-custodial parent is the parent with whom the child(ren) do(es) not live with a majority of the time. When a child (ren)'s placement is split evenly between parties meaning 50/50, then the parent who earns more income is deemed the non-custodial parent for child support purposes.

(13) "Parent" means the biological or adoptive person of a minor child.

(14) "Payee" means the parent, legal guardian or agency which is receiving the child support payment.

(15) "Payor" means the party who is responsible to pay child support. Stepparents, although they may have a moral and cultural duty to contribute, may not be a payor.

(16) "Putative Father" means the alleged father of a minor child.

(17) "Process Server" means a person who in the regular course of his/her business serves the following, including but not limited to, writs, warrants, subpoenas or petitions. When service is effectuated outside the United States of America, the SRMT-CSEU shall utilize a Process Server who meets all of the requirements of a process server within his/her jurisdiction and any such service shall be deemed proper service under tribal law.

(18) "Release of Information Authorization" is required for each party when child support is requested.

(19) "Social Security Disability" (SSD) means disability benefits paid to an adult, and certain members of his/her family, provided he/she has worked long enough and has a medical condition that has prevented him/her from working or is expected to prevent him/her from working for at least twelve (12) months or end in death.

(20) "Supplemental Security Income" (SSI) means benefits paid to a disabled adult and his/her children with limited income and resources and exempt from child support garnishment.

(21) "Social Security Retirement" (SSR) means retirement benefits paid to an adult, and certain members of his/her family, if he/she is covered under Social Security.

(d) Establishment of Child Support Enforcement Unit

(1) The Saint Regis Mohawk Tribe's Child Support Enforcement Unit ("SRMT-CSEU") is hereby established. The SRMT-CSEU is the designated Tribal agency identified in the approved Tribal Plan under Title IV-D of the Social Security Act, and is responsible for the administration and operation of the Tribal IV-D plan. Pursuant to its Tribal IV-D plan, the SRMT-CSEU does not represent either party in actions arising under this chapter. The SRMT-CSEU is deemed to represent the best interests of the children and the Tribe.

(2) The SRMT-CSEU is responsible for receiving, processing, and disbursing payments, and for maintaining a record of payments, in all cases in which the Court orders or parties agree that payments for child support be made through a child support enforcement unit.

(3) The SRMT-CSEU shall also provide child support enforcement services to children and families and is authorized to seek:

(A) Location of obligors or their assets and obliges;

(B) Determination of parentage;

(D) Enforcement of support orders or laws relating to the duty of support.

(4) The SRMT-CSEU is authorized to develop policies and procedures, to be approved and adopted by the Saint Regis Mohawk Tribal Council, as well as take any other action necessary to implement the approved Tribal Plan IV-D Plan, consistent with this chapter and any other applicable law.

(5) The SRMT-CSEU staff will report to the Saint Regis Mohawk Tribe's Community Family Services Director or his/her designee, and is subject to the Saint Regis Mohawk Tribe's personnel and other administrative policies.

(6) To the extent that the duties and responsibilities outlined by this chapter, other applicable laws, and by its internal policies and procedures, as approved by the Saint Regis Mohawk Tribal Council, the SRMT-CSEU are in conflict with existing personnel or administrative policies, the SRMT-CSEU policies and procedures will take precedence.