Title 11 Domestic Relations

Chapter 11.01 Child Welfare Code [Reserved]

Chapter 11.02 Marriage, Divorce and Custody Code

11.02.010 Purpose

The purpose of this chapter is to promote the health, safety, and general welfare of the Saint Regis Mohawk Tribe by codifying a uniform, efficient and equitable process and procedure governing marriage, dissolution of marriage and ensuring custody matters involving children are handled quickly and in the children's best interests.

11.02.020 Definitions

For the purpose of this chapter, the following terms are defined except when the specific context indicates otherwise:

(a) "Abandoned" means left without provision for reasonable and necessary care or supervision.

(b) "child" or "children" means any biological or adopted child or children who are under eighteen (18) years of age except for child support purposes.

(c) "child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parenting time with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(d) "child custody proceeding" means a proceeding in which legal custody, physical custody, or parenting time with respect to a child is at issue. The term includes a proceeding for divorce, separation, custody, third party custody, and paternity.

(e) "commencement" means the filing of the first pleading in a proceeding.

(f) "custody" means legal custody or physical custody, or both, as the context requires.

(g) "divorce" means the legal dissolution of a marriage by the Court.

(h) "guardian ad litem" means an adult appointed by the Court to represent the best interests of the child and provide written reports, if required by the Court.

(i) "home jurisdiction" means the jurisdiction in which a child lived with a parent or a parent substitute for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the jurisdiction in which the child lived from birth with a parent. A period of temporary absence of is part of the period.

(j) "Initial determination" means the first child custody determination concerning a particular child.

(k) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under Section 11.02.305.

(l) "legal custody" means a determination as to which parent shall have the decision-making authority as to the important decisions affecting the welfare of a child, including decisions involving education, religion and medical treatment, and includes "joint legal custody" under which legal custody is shared by the parents, a third person or a combination thereof, or "sole legal custody" under which legal custody is held by one parent or a third person.

(m) "marriage" means a contract between two (2) persons, regardless of their sex, creating a union to the exclusion of all others.

(n) "modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(o) "parent" means the natural or adoptive parent of any child.

(p) "parenting time" means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care.

(q) "petition" means a formal application to the Court for divorce or custody or any subsequent proceeding related to a divorce or custody.

(r) "physical custody" means a determination where a child will reside, and includes "joint physical custody" under which a child will reside alternately for specified periods with each Parent, a third party, or a combination thereof, and "sole physical custody" means where a child will reside primarily with one parent or a third person with the other parent or third person having a schedule of parenting time.

(s) "Reservation" means both the Saint Regis Mohawk Indian Tribe Reservation as

established by the 1796 Treaty with the Seven Nations of Canada (7 Stat. 55) and any other lands over which the Tribe exercises jurisdiction now or in the future.

(t) "Tribe" means the Saint Regis Mohawk Tribe.

(u) "Tribal Member" means someone who is enrolled with the Saint Regis Mohawk Tribe or someone who is eligible for enrollment.

11.02.030 Tribal Court Jurisdiction

(a) The Saint Regis Mohawk Tribal Court may exercise subject matter jurisdiction over the

proceedings and law set forth in this Act.

(b) The Saint Regis Mohawk Tribal Court may exercise personal jurisdiction over a party in marriage, divorce, and/or custody when:

(1) a party or the child is a Tribal Member;

(2) a party or the child resides or is domiciled within the Tribe's Reservation;

(3) the non-Indian or non-member party has consented to the jurisdiction of the Tribe by:

(A) express contractual consent;

(B) residing or domiciling within the Tribe's Reservation;

(C) being employed as a contract, temporary, or regular employee of the Tribe or a tribal business located on the Reservation;

(D) engaging in consensual relations or a domestic relationship with a Tribal Member on the Reservation; or

(E) participating in any other substantial activity within the territorial jurisdiction of the Tribe that impacts the political integrity, the economic security, or the health and welfare of the Tribe and its members.

(c) To dissolve a marriage and grant a judgment of divorce, the Tribal Court shall have subject matter jurisdiction in the following circumstances:

(1) if there are children, the Petitioner must have resided within the Reservation for one-hundred eighty (180) days immediately preceding the filing of the Petition; or

(2) if there are no children, the Petitioner must have resided within the Reservation for thirty (30) days immediately preceding the filing of the Petition; or

(3) if the marriage which is the subject of the Petition occurred under this chapter unless neither of the parties resided within the Reservation for thirty (30) days immediately preceding the filing of the Petition if there are no children or one-hundred eighty (180) days if there are children.

(d) 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. 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.

11.02.040 Powers of the Tribal Court

(a) Without limiting the authority of the Tribal Court, it may:

(1) require any party to provide additional information under oath as required by the Tribal Court, including without limitation, on matters pertinent to the jurisdiction and disposition of the case;

(2) upon its discretion appoint a lawyer for a litigant or interested party in a custody or divorce matter pending before the Court;

(3) appoint a lawyer for the child if the Court determines it is necessary;

(4) appoint a guardian ad litem to represent a child if, at any time in a divorce or custody proceeding, the Court determines that the best Interests of the child are inadequately represented and may order the parties to bear the cost of the guardian ad litem. The guardian ad litem may file a written report and recommendation with the Tribal Court which:

(A) if admitted into evidence, may be reviewed by the Tribal Court in making determinations regarding custody and parenting time;

(B) may not be admitted into evidence unless all parties stipulate to the admission; and

(5) at the request of a person who changed his or her name upon marriage, restore his or her birth name, or the surname he or she legally bore prior to his or her marriage to the spouse in the divorce action; or

(6) make a referral to the appropriate authorities to investigate any suspected child abuse or neglect.

11.02.050 Marriage Eligibility

(a) To be eligible to marry under this chapter the following shall apply:

(1) at least one person seeking to marry must be a Saint Regis Mohawk Tribal Member;

(2) both must freely consent to the marriage and have the capacity to consent;

(3) both must be under the jurisdiction of the Tribal Court;

(4) both must be at least eighteen (18) years of age;

(5) both must not currently be married or otherwise in a civil union relationship that provides substantially the same rights, benefits and responsibilities as a marriage;

(6) they must not be related to the proposed spouse within the fourth degree of consanguinity which is first cousins or closer; and

(7) must complete and return the application for marriage.

11.02.060 Application for Marriage License

(a) Any person seeking to marry pursuant to this chapter shall obtain an application for a marriage license from the Tribal Court. The application shall be on a form provided by the Tribal Court that indicates no license shall be granted earlier than ten (10) business days from the date the application is filed with the Court. The Application shall contain, at a minimum, the following information from each person seeking to be married:

(1) full name, including any maiden or previous names;

(2) address;

(3) date of birth;

(4) parents' full names (if known);

(5) parent's birthplace (if known);

(6) whether the person was previously married and, if married, when and how such Marriage was terminated;

(7) whether the person is a Tribal Member;

(8) express consent to the personal jurisdiction of the Saint Regis Mohawk Tribe, the Tribal Court, and the Court of Appeals, and that the person waives all available defenses against such jurisdiction;

(9) an affirmation that the person is not currently married or in a civil union relationship that provides substantially the same rights, benefits and responsibilities as a marriage;

(10) an affirmation that the person has the capacity to enter into marriage; and

(11) an affirmation that the person is not related to the other person within the fourth degree of consanguinity as outlined in Section 11.02.050(a)(6).

The contents of the completed application shall be sworn to under oath.

11.02.070 Filing an Application for a Marriage License

(a) A completed application for a marriage license shall:

(1) be filed with the Tribal Court in person, by U.S. mail, or by private courier; and

(2) be accompanied by:

(A) proof of the age of each person, which may be provided by birth certificate, driver's license, state or tribal photo identification, or passport;

(B) Tribal ID if either party is an enrolled tribal member or proof that either party is eligible for tribal membership; and

11.02.080 Review of Application for Marriage License

(a) For each application filed, the Tribal Court shall determine whether it is complete. Any determination, however, as to whether a person is a Tribal Member shall be made by the Tribal Clerk's Office. The Court shall approve or deny an application for a marriage license no later than days ten (10) business days after the filing of the application.

(b) Approval of the Application. No marriage license shall be issued by the Tribal Court unless the persons applying for the marriage license meet the criteria for marriage under this chapter. If the Tribal Court determines that the application is complete and that the persons identified in the application are eligible to marry under this chapter, the Court shall issue a marriage license to the parties; provided, however, that no marriage license shall be issued earlier than ten (10) business days from the date the application was filed with the Tribal Court.

(c) Rejection of the Application. The Tribal Court shall reject an application for a marriage license and provide written notice of such rejection to the persons applying for the marriage license, if:

(1) the application for a marriage license is incomplete;

(2) neither person applying for the marriage license is a Tribal Member; or

(3) it determines that such persons are not otherwise eligible to marry under this chapter.

11.02.090 Issuance of a Marriage License

(a) All marriage licenses issued pursuant to this chapter shall be issued by the Tribal Court on a form provided by the Tribal Court, which at a minimum, shall contain the following:

(1) a statement that the marriage license is valid for thirty (30) days from the date it is issued, which statement shall be included thereon;

(2) provisions for the signatures of the person solemnizing the marriage, the parties to the marriage, and two witnesses to the marriage ceremony;

(3) A provision for the date and location of marriage; and

(4) A statement that the fully executed marriage license must be filed with the Tribal Court within ten (10) days from the date of the solemnization of the marriage.

(b) A marriage license shall be valid for thirty (30) days from the date of issuance by the Tribal Court.

(c) The parties intending to marry pursuant to this chapter shall be responsible for presenting the marriage license to the person solemnizing the marriage.

11.02.100 Solemnizing the Marriage

(a) Only the following people are authorized to solemnize a marriage performed pursuant to this chapter:

(1) a traditional spiritual leader;

(2) a person or member of the clergy recognized by his or her religion as having the authority to perform a marriage;

(3) a current elected Tribal Council Chief or Tribal Clerk; and

(4) a judge of the Tribal Court.

(b) Review of the Marriage License. Prior to solemnizing the marriage, the person performing the ceremony shall review the marriage license and determine:

(1) the persons seeking to be married are the persons named in the license; and

(2) as of the solemnization of the marriage, the license remains valid in accordance with the thirty (30) day time constraints of Section 11.02.090(b) of this chapter.

(c) Ceremony and Witnesses. A marriage ceremony performed pursuant to this chapter need not take any particular form, however, the persons seeking to marry must declare, in the presence of the person solemnizing the marriage, and at least two (2) witnesses who are at least eighteen years of age, that they wish to marry each other.

(d) Following the marriage ceremony, the marriage license shall be signed by the following persons:

(1) the person who solemnized the marriage ceremony, who shall also indicate the date and location of the ceremony;

(2) two (2) witnesses to the marriage ceremony, who are at least eighteen (18) years of age; and

(3) the persons married at the ceremony.

(e) Following the marriage ceremony, the marriage license shall be filed with the Tribal Court by the person who solemnized the marriage not later than ten (10) days from the date of the marriage.

11.02.110 Issuance of the Marriage License

(a) The Tribal Court shall, within ten (10) business days of the filing of a marriage license, examine it to ensure that it conforms to the requirements of this chapter.

(b) If the Tribal Court determines that the marriage license conforms to the requirements of this chapter, the Court shall approve the license and issue a certificate of marriage to the parties.

(c) If the Tribal Court determines that the marriage license does not conform to the requirements of this chapter, the Court shall not approve the marriage license or issue a certificate of marriage and shall provide written notice of denial to the persons seeking it.

(d) The Tribal Court shall maintain each application for a marriage license, denial, as required, the marriage license, and a copy of the certificate of marriage as a permanent record of the Tribe.

(e) Should any party to the marriage performed desire a certificate of the marriage be filed in another jurisdiction, the party may obtain a certified copy from the Court upon request and payment of any fee set by the Court.

11.02.120 Petition for Divorce

(a) A petition may be filed in the Tribal Court upon the allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

(b) In the petition, the Petitioner shall make no other explanation of the grounds for divorce other than by the use of the language stated herein at paragraph A.

(c) A petition shall be filed with the Tribal Court on a form provided by the Tribal Court and must be dated, signed and verified by the Petitioner.

(d) The petition shall include the following:

(1) the language of paragraph A herein without further particulars;

(2) the basis for jurisdiction under Section 11.02.030;

(3) whether the divorce will be contested or uncontested;

(4) the complete current names and names before the marriage of all parties;

(5) the date and location of the marriage;

(6) whether a party is pregnant;

(7) whether there are any children of the parties or children born or adopted during the marriage;

(8) the complete names and dates of birth of any children born or adopted during the marriage;

(9) if the case involves any child, or if child support is requested, whether any other court has prior continuing jurisdiction of the child and, if so, the name of the court and file number;

(10) whether there is real or personal property or debt to be divided; and

(11) if the Petitioner requests spousal support, facts sufficient to show a need for such support and that the other party is able to pay spousal support.

(e) Each party shall attach to its first pleading a verified statement disclosing what real and personal property has come to either party by reason of the marriage, and how it has been disposed of, and what portion thereof still remains in the hands of either party. This statement shall not be made part of the public Tribal Court file.

(f) If custody of any child is to be determined, except as otherwise provided in paragraph G below, each party in its first pleading or in an attached verified statement, shall state:

(1) if reasonably ascertainable, the present address and the places where any child has lived during the last five (5) years, and the names and present addresses of the people with whom the child has lived during that period;

(2) whether the party has participated, as a party or witness or in another capacity, in another child custody proceeding with any child and, if so, the name of the court, case number of the child custody proceeding, and date of the child custody determination, if any;

(3) whether the party knows of a proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, and, if so, the name of the court, the case number, and the nature of the proceeding; and

(4) the name and address of each person that the party knows who is not a party to the child custody proceeding and who has custody of any child or claims rights of custody or parenting time with any child.

(g) Notwithstanding paragraph F herein, a party is not required to disclose identifying information:

(1) to the extent such information is treated as confidential under applicable law; or

(2) if a party alleges in a sworn statement or under oath in the petition that the health, safety, or liberty of any party or any child would be put at risk by the disclosure of any identifying information. In such event, the Tribal Court shall seal and not disclose that information to the other party or the public unless the Tribal Court orders the disclosure after a hearing in which the Tribal Court considers the health, safety, and liberty of the party and the child and determines that the disclosure is in the interest of justice.

(h) In an action involving any children, or if child support or spousal support is requested, except as otherwise provided herein in paragraph I, the party seeking relief must attach a verified statement to the Petition, stating:

(1) the last known telephone number, post office address, residence address, and business address of each party;

(2) the name and address of each party's employer, if known;

(3) the estimated weekly gross income of each party;

(4) a physical description of each party, including eye color, hair color, height, weight, race, gender, and identifying marks;

(5) any other names by which the parties are or have been known;

(6) the name, age, birth date, social security number and residence address of each child involved in the action, as well as of any other child of either party;

(7) the name and address of any person, other than the parties, who may have custody of any child during the pendency of the action;

(8) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period.

(9) whether the petitioner has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parenting time with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(10) whether the Petitioner knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(11) whether the Petitioner knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time with, the child and, if so, the names and addresses of those persons;

(12) the kind of public assistance for which the party has applied for or is being received by either party or on behalf of any child, provided that if public assistance has not been requested or received, that fact must be stated;

(13) the health care coverage, if any, that is available for any child; the name of the policy holder; the name of the insurance company, health care organization, or health maintenance organization and the policy, certificate, or contract number; and

(14) a proposed parenting plan.

(i) The information in the verified statement under paragraph H herein is confidential and shall not be released other than to the Tribal Court, the parties, or the attorneys for the parties, except by Tribal Court order and shall not be made a part of the public Tribal Court file. For good cause, the addresses of a party and any child may be omitted from the copy of the statement that is served on the other party. If any of the information required to be included in the verified statement is omitted, the party seeking relief shall explain the reason for the omission in a sworn affidavit, to be filed with the Tribal Court.

(j) The petition shall be accompanied by a filing fee for a civil action as may be specified by rules of the Tribal Court.

11.02.130 Summons and Service

(a) When a petition is filed in the Tribal Court, the Tribal Court shall issue a summons with a hearing scheduled no sooner than sixty (60) days after the petition is filed, signed by the judge or the Tribal Court's Principal Law Clerk and direct the parties not to dispose of assets of the marital estate without court order.

(b) The Tribal Court shall retain the original executed summons and immediately return a copy of the executed summons to the Petitioner.

(c) The summons and petition shall be served by the Petitioner on Respondent in accordance with the Saint Regis Mohawk Tribe Rules of Civil Procedure, with proof of service filed with Tribal Court in accordance with such rules.

11.02.140 Answer

(a) The Respondent shall file an answer, except if the divorce is uncontested, with the Tribal Court, or take other action permitted by Tribal law or Tribal Court rules, within twenty (20) calendar days after being served with the summons and a copy of the Petition. In an uncontested divorce, no answer is required unless the Court issues a notice to appear pursuant to Section 11.02.130.

(b) The Respondent, by answer, shall either admit the grounds for divorce alleged or deny them without further explanation.

(c) An admission by the Respondent of the grounds for divorce may be considered by the Tribal Court but is not binding on the Tribal Court's determination.

(d) The Respondent shall cause the Petitioner to be served with the answer as governed by the Saint Regis Mohawk Tribe Rules of Civil Procedure and shall cause proof of service to be filed with the Tribal Court.

11.02.150 Default

(a) For a contested divorce, if the Respondent fails to answer within the time stated in Section 11.02.140(a), the Petitioner may file a motion with the Tribal Court for a default together with a proposed default judgment.

(b) The Petitioner must cause the Respondent to be served with the motion for default and the proposed default judgment in the manner provided by the SRMT Rules of Civil Procedure, and shall cause proof of service to be filed with the Tribal Court, if:

(1) the Respondent has appeared in the action;

(2) the motion for a default judgment seeks relief different in kind from, or greater in amount than, that stated in the Petition; or

(3) the Petition does not state a specific amount demanded.

(c) The Tribal Court may grant Petitioner's motion for default judgment and enter a default judgment if the time under Section 11.02.180 has run, provided that the Tribal Court believes the proposed default judgment is fair on its face to both parties.

(d) The Tribal Court's Principal Law Clerk shall promptly mail notice of entry of a default judgment to all parties. The notice to the Respondent shall be mailed to the Respondent's last known address or the address of the place of service. The Principal Law Clerk shall cause a record to be kept that notice was given.

11.02.160 Attorney Fees

(a) Any party may, at any time, request that the Tribal Court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding under this chapter, including a post-judgment proceeding. A party who requests attorney fees and expenses must allege facts sufficient to show that:

(1) the party is unable to bear the expense of the action, and that the other party is able to pay; or

(2) the attorney fees and expenses were incurred because the other party refuses to comply with a previous Tribal Court order, despite having the ability to comply.

11.02.170 Sufficiency of Grounds for Divorce

(a) In a contested divorce, the Tribal Court shall enter a judgment of divorce dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

(b) If the divorce is uncontested, the Petitioner shall submit to Tribal Court a proposed judgment. The Tribal Court may enter such judgment of divorce within twenty (20) days after receiving proof of service of the Petition on the Respondent. If Tribal Court elects not to enter the proposed judgment of divorce, it shall schedule an appearance within twenty (20) days and send such notice to the parties at which time the Respondent shall file an answer pursuant to Section 11.02.140.

11.02.180 Hearing on Petition

(a) No proof or testimony may be taken in a contested divorce until the expiration of thirty (30) days from the time of filing the Petition, except when the testimony is taken conditionally for the purpose of preserving such testimony.

(b) Testimony may be taken conditionally at any time for the purpose of preserving such testimony.

(c) Testimony shall be taken in person, except the Tribal Court may allow testimony to be taken by telephone or other electronically reliable means.

11.02.190 Temporary Orders

(a) After a divorce petition has been filed, but before a final judgment of divorce has been entered, upon the motion of either party or on the Tribal Court's own motion it may:

(1) require either party to pay, during the pendency of the action, spousal support for the suitable maintenance of the adverse party, to pay such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them, and to pay any sums necessary to enable the adverse party to carry on or defend the action; and

(2) enter orders concerning the care, parenting time, custody, and support of any child of the parties during the pendency of the action, as the Tribal Court shall deem just, proper, and necessary for the benefit of such child. Such orders are not intended to be a final determination of such matters.

11.02.200 Mediation and Settlement Agreements

(a) Settlement agreements are the preferred outcome of divorce proceedings.

(b) If the parties cannot come to an agreement, or they state in the petition the divorce is contested under Section 11.02.120(d)(3) they shall go through a mediation proceeding to attempt to achieve a settlement agreement after the filing of the petition and answer, but prior to a full contested divorce.

(c) If the divorce involves children as defined in Chapter 11.03 of this title, the parties shall attend mediation required under this chapter even if the divorce is uncontested, and if all child support matters cannot be resolved then child support shall be determined pursuant to Section 11.03.030(a)(2)(B) of this title. If a party wants child support to be paid through the Saint Regis Mohawk Tribe Child Support Enforcement Unit (SRMT CSEU) the child support payee shall need to register for services with the SRMT CSEU. If the parties do not want child support payments through the CSEU then the Court shall advise the parties of the option of obtaining its services post-judgment. If the child support portion of a divorce does not direct payment through the CSEU, then it may be modified by either party filing a petition to modify or enforce the judgment of divorce upon a showing of a change in circumstances or failure of the payor to follow the child support portion of the divorce including non-payment. At any time, any party can sign-up for services with the Tribe's CSEU to include modifying a judgment of divorce and/or enforcing a judgment of divorce.

(d) If the parties have filed competing parenting plans under this chapter, they shall also submit to mediation under this chapter and Section 11.03.030(a)(2)(B)

(e) If the parties do not come to a settlement agreement, the mediator shall submit a report to the Tribal Court detailing the areas of agreement and dispute between the parties. Such report shall be considered confidential.

(f) A settlement agreement between the parties regarding the proceedings in a divorce action, subsequently denied by either party, is not binding unless it was made in open court, or evidence of the agreement is in writing, subscribed by the party against whom the agreement is offered or by that party's attorney.

(g) All settlement agreements respecting any proceedings in a divorce action are subject to the approval of the Tribal Court and shall be approved unless the Tribal Court determines that the terms are not fair and equitable.

(h) Custody agreements shall be approved by the Tribal Court upon a finding that the custody agreement is in the best Interests of the child.

(i) For child support agreements that do not involve the CSEU, they shall be approved by the Court upon a finding that the child support agreement is in keeping with the Tribe's Child Support Guidelines or that any deviation from the presumptive correct amount of child support is in the best interests of the child and state the reasons in writing for such deviation except if the Court determines that a party is being coerced into a settlement or finds after a hearing that there are issues of domestic violence between the parties, then it shall direct one of the parties to obtain services from the Tribe's CSEU.

11.02.210 Equitable Distribution

The Tribal Court may include in any judgment of divorce appropriate provisions awarding to a party all or a portion of the property, either real or personal, owned by his or her spouse, as appears to the Tribal Court to be equitable under all the circumstances of the case, if it appears from the evidence in the case that the other party contributed to the acquisition, improvement, or accumulation of the property. The judgment, upon becoming final, shall have the same force and effect as a quitclaim deed for real property, a and as a bill of sale for personal property as though given by that party to the other party.

11.02.220 Restoration of Property

The Tribal Court may make a determination for restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage, or for awarding to either party the value thereof, to be paid by the other party.

11.02.230 Further Award of Property

Upon entry of a judgment of divorce if there are insufficient assets in the marital estate for the suitable support and maintenance of either party and any Children of the marriage who are committed to the care and Custody of either party, the Tribal Court may also award to either party the part of the real and personal property of the other party as well as spousal maintenance out of the real and personal property, to be paid to either party in gross or otherwise as the Tribal Court considers just and reasonable, after considering Section 11.02.270 of this chapter and the outcome of Chapter 11.03 of this title.

11.02.240 Valuation of Marital Estate

The Tribal Court shall value the marital estate based upon the date of separation, filing, trial, judgment, or any other appropriate date to facilitate equitable distribution under all the circumstances of the case.

11.02.245 Imputation of Income and Allocation of Assets

The Court has the power to impute income and assets and the discretion to take testimony to determine the true income and allocation of assets of either party.

11.02.250 Retirement Benefits

(a) Any rights in and to vested pension, annuity, or retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on behalf of a party on account of service credit accrued by the party during marriage shall be considered part of the marital estate and shall be valued, and may be divided, by the Tribal Court under this chapter where just and equitable.

(b) Any rights or contingent rights in and to unvested pension, annuity, or retirement benefits payable to or on behalf of a party on account of service credit accrued by a party during marriage may be considered part of the marital estate and shall be valued, and may be divided, by the Tribal Court under this chapter where just and equitable.

11.02.260 Disclosure of Property

(a) The Tribal Court may request records from the Tribal Clerk's office regarding real property of the parties.

(b) The Tribal Court may order each party to provide the other party with updated and current information of any changes to the declarations made in the financial affidavit filed with the Petition.

11.02.270 Spousal Maintenance

(a) In any divorce action, the Tribal Court may require either party to pay for the suitable maintenance of the adverse party where just and equitable based upon consideration of the following factors:

(1) the age and health of the parties;

(2) the present or future earning capacity of the parties, including a history of limited participation in the workforce;

(3) the need of one party to incur education or training expenses;

(4) the termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being awarded which resulted in a maintenance award lower than it would have been had child support not been awarded;

(5) the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration;

(6) the existence and duration of a pre-marital joint household or a pre-divorce separate household;

(7) acts by one party against the other that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as defined in the Violence Against Women Act;

(8) the availability and cost of medical insurance for the parties;

(9) the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity;

(10) the tax consequences to each party;

(11) the standard of living of the parties established during the marriage;

(12) the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage;

(13) the equitable distribution of marital property and the income or imputed income on the assets so distributed;

(14) the contributions and services of the payee as a spouse, parent, wage earner and homemaker to the career or career potential or business of the other party; and

(15) any other factor which the court shall expressly find to be just and proper.

11.02.280 Termination of Spousal Maintenance

(a) An award of spousal maintenance may be terminated by the Tribal Court as of the date the party receiving spousal maintenance remarries unless a contrary agreement is specifically stated in the judgment of divorce.

(b) A party who is in receipt of spousal maintenance pursuant to a Tribal Court order shall notify the other party in writing within fifteen (15) days if the party receiving spousal maintenance remarries.

(c) Termination of an award under this section shall not affect spousal maintenance payments which have accrued prior to that termination, provided that if a party failed to provide written notice pursuant to paragraph B herein, then upon motion of the other party, Tribal Court may waive any spousal maintenance payments which have accrued after the date the party receiving spousal maintenance remarried.

11.02.290 Amendment of the Spousal Maintenance

(a) On motion of either party, after a judgment for spousal maintenance, the Tribal Court may revise and alter the judgment, respecting the amount or payment of spousal maintenance, and may make any judgment respecting any of the matters that the Tribal Court might have made in the original action.

(b) Provisions relating to property settlement in a divorce judgment or a settlement agreement shall not be modified absent a showing of fraud, duress, mutual mistake of fact or upon further agreement of the parties.

11.02.300 Child Support

(a) In all actions involving custody of a child, the Tribal Court may establish the rights and duties as to a child's financial support in accordance with the Saint Regis Mohawk Tribe Family Support Act (Chapter 11.03 of this title).

(b) An agreement between the parties stated on the record and made an order of the Tribal Court, or included in a judgment of divorce under which one party agrees to pay post-majority child support, is enforceable.

11.02.305 Saint Regis Mohawk Tribe Uniform Child Custody Jurisdiction Enforcement Act

(a) Purpose. This section is to provide an effective mechanism to obtain and enforce orders of custody and visitation across jurisdictional lines including temporary orders if the issuing court had the requisite jurisdiction. This section only applies to a child custody proceeding in which legal custody, physical custody, or parenting time to a child is an issue, which for this purpose of this Code is limited to a proceeding for a divorce, separation, custody or parenting time under this chapter, and protection orders from domestic violence, but excludes neglect, abuse, dependency, guardianship, termination of parental rights, juvenile delinquency, person in need of supervision, and contractual emancipation. It also excludes child support proceedings since these are covered under Chapter 11.03 of this title and can be registered for enforcement under that Chapter.

(b) International application. The Court shall treat a foreign country as if it were a state of the United States for the purpose of applying this section. A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced. The Court need not apply this section if the child custody law of a foreign country, as written or as applied, violates fundamental principles of human rights.

(c) Effect of a child custody determination. A child custody determination made by a court that had jurisdiction under this section binds all people who have been served in accordance, with the laws of this Tribe or who have submitted to the jurisdiction of the Court, and who have been given an opportunity to be heard. As to those people, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

(d) Notice. Notice required for the exercise of jurisdiction when a person is outside this jurisdiction may be given in a manner prescribed by the Tribe's Rules of Civil Procedure for service of process or according to the place where the person resides. Notice must be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective.

(e) Communication between courts. The Tribal Court may communicate with a court in another tribe or state concerning a proceeding involving jurisdiction under this section. When communicating the following also shall apply:

(1) the Court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made;

(2) communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication;

(3) except as otherwise provided in subdivision three of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record; and

(4) for the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(f) Taking testimony in another jurisdiction. When taking testimony in another jurisdiction the following shall apply:

(1) in addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another jurisdiction, including testimony of the parties and the child, by deposition or other means allowable in this Court for testimony taken in another jurisdiction. The Court on its own motion may order that the testimony of a person be taken in another jurisdiction and may prescribe the manner in which, and the terms upon which, the testimony is taken;

(2) this Court may permit an individual residing in another jurisdiction to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. This Court shall cooperate with courts of other jurisdictions in designating an appropriate location for the deposition or testimony; and

(3) documentary evidence transmitted from another jurisdiction to this Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

(g) Cooperation between courts; preservation of records. The following shall apply:

(1) this Court may request the appropriate court of another jurisdiction to:

(A) hold an evidentiary hearing;

(B) order a person to produce or give evidence pursuant to procedures of that jurisdiction;

(D) forward to this Court a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(E) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child;

(2) upon the request of a court of another jurisdiction, this Court may hold a hearing or enter an order described in subdivision one of this section.

(3) this Court shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding at least until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another jurisdiction, the Court shall forward a certified copy of those records.

(h) Initial child custody jurisdiction. This Court may exercise jurisdiction to make an initial child custody determination if:

(1) the Court has jurisdiction under Section 11.02.030;

(2) a court of another jurisdiction does not have jurisdiction under paragraph 1 herein, or a court of the home jurisdiction of the child has declined to exercise jurisdiction on the ground that this Court is the more appropriate forum, and:

(A) the child and the child's parents, or the child and at least one parent, have a significant connection with this jurisdiction other than mere physical presence; and

(B) substantial evidence is available in this jurisdiction concerning the child's care, protection, training, and personal relationships;

(3) all other courts having jurisdiction under paragraph (1) or (2) herein have declined to exercise jurisdiction on the ground that this Court is the more appropriate forum; or

(4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3) of this Subsection.

(i) Exclusive, continuing jurisdiction. Except as otherwise provided in this section, this Court which has made a child custody determination has continuing jurisdiction over the determination until this Court determines it no longer has jurisdiction under this chapter and that substantial evidence is no longer available in this jurisdiction concerning the child's care, protection, training, and personal relationships.

(j) Jurisdiction to modify determination. This Court may not modify a child custody determination made by a court of another jurisdiction unless:

(1) this Court has authority to make an initial determination; and

(2) the court of the other jurisdiction determines it no longer has exclusive, continuing jurisdiction, or that this Court would be a more convenient forum; or

(3) this Court or a court of another jurisdiction determines that the child or the child's parents do not presently reside in the other jurisdiction.

(k) Temporary emergency jurisdiction. This Court may take temporary emergency jurisdiction if the child is present in this jurisdiction and the child has been abandoned or it is necessary in an emergency to protect the child, a sibling or parent of the child so long as there is no order from another jurisdiction to be enforced. If there is an order from another jurisdiction then such order may be registered as outlined in subsection (o)(1) along with a request to enforce with an expedited hearing to be scheduled within three (3) days. A petition to register along with a request for expedited enforcement shall be served with a summons or order to the show cause as directed by the Court to the parent(s) and anyone who has physical custody of the child(ren) The Court shall not enter an order unless all of the necessary parties have been served. In any order related to an emergency or abandonment, the Court shall detail its findings regarding the emergency and if there is an existing order the basis for registering the order. The Court's findings shall include specific findings regarding the imminent risk to the health and safety of the child(ren) or the child(ren)'s abandonment.

(l) Simultaneous proceedings. This Court may not exercise its jurisdiction regarding a child custody proceeding if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another jurisdiction substantially in conformity with this section, unless the proceeding has been terminated or is stayed by the court of the other jurisdiction because this Court is a more convenient forum.

(1) Except as otherwise provided in this chapter, this Court, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties. If this Court determines a child custody proceeding has been commenced in a court in another jurisdiction having jurisdiction substantially in accordance with this section, this Court shall stay its proceeding and communicate with the other court.

(2) In a proceeding to modify a child custody determination, this court shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(A) stay the proceeding for modification pending the entry of an order of a court of the other jurisdiction enforcing, staying, denying, or dismissing the proceeding for enforcement;

(B) enjoin the parties from continuing with the proceeding for enforcement; or

proceed with the modification under conditions it considers appropriate.

(3) If a proceeding for enforcement under this section is commenced in this Court, and the Court determines that a proceeding to modify the determination is pending in a court of another jurisdiction having jurisdiction to modify the determination, the Court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

(m) Inconvenient forum. This Court may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another jurisdiction is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the child, the law guardian, the guardian ad litem, or upon the court's own motion, or request of another court.

(1) Before determining whether it is an inconvenient forum, this Court shall consider whether it is appropriate for a court of another jurisdiction to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(A) whether domestic violence or mistreatment or abuse of a child or sibling has occurred and is likely to continue in the future and which jurisdiction could best protect the parties and the child;

(B) the length of time the child has resided outside this jurisdiction;

(D) the relative financial circumstances of the parties;

(E) any agreement of the parties as to which court should assume jurisdiction;

(F) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(G) the ability of each court to decide the issue expeditiously and the procedures necessary to present the evidence; and

(H) the familiarity of each court with the facts and issues in the pending litigation.

(2) If this Court determines that it is an inconvenient forum, and that a court of another jurisdiction is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated jurisdiction and may impose any other condition the Court considers just and proper.

(n) Duty to enforce. This Court shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this section or the determination was made under factual circumstances meeting the jurisdictional standards of this section and the determination has not been modified in accordance with this section. This Court may utilize any remedy it has available to enforce a child custody determination made by a court of another jurisdiction. If the Court believes a child(ren)'s health or safety is at imminent risk of danger it may request the assistance of the Tribe's Indian Child Welfare Act ("ICWA") program to take the necessary steps to ensure the child's safety and ICWA may request the assistance of the Saint Regis Mohawk Tribe Police Department.

(o) Registration of child custody determination. In order to register a child custody determination, this Subsection shall apply and procedures outlined must be followed.

(1) A child custody determination issued by a court of another jurisdiction may be registered in this jurisdiction, with or without a simultaneous request for enforcement, by sending to the Court:

(A) a petition requesting registration;

(B) two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(C) the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(2) On receipt of the documents required by subdivision (1) herein, the Court shall:

(A) docket the petition together with one copy of the document sought to be registered and/or enforced; and

(B) serve notice upon the persons named by regular mail and provide them with notice of the opportunity to be heard to contest the registration in accordance with this section.

(i) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by this Court;

(ii) a hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and

(iii) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(D) A person seeking to contest the validity of a registered order must request a hearing within twenty days after mailing of the notice. At that hearing, the Court shall confirm the registered order unless the person contesting registration establishes that:

(i) the issuing court did not have jurisdiction;

(ii) the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so; or

(iii) the person contesting registration was entitled to notice, but notice was not given in the proceedings before the court that issued the order.

(E) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(F) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

11.02.310 Child Custody

(a) In all actions involving dispute over custody, the Tribal Court shall declare the child's inherent rights and establish the rights and duties as to custody based upon the best interests of the child in accordance with this chapter. The Court may entertain a petition for custody from a parent or non-parent if he/she can satisfy the Court of a significant connection to the child(ren) either through family, clan, cultural connection or some other significant connection to the child(ren). When a non-parent files for custody, then the legally recognized parent(s) must be named as a Respondent(s) along with anyone who may have physical placement/custody of the child. The Court may only entertain emergency ex parte petitions when a parent is incapacitated or when a child's life is at imminent risk of health or injury. After an emergency ex parte temporary custody order is entered, it shall be served along with a summons or order to show cause to be served at the Court's direction to be made returnable within five (5) days for a hearing along with a custody petition as outlined in Section 11.02.320.

(b) The Tribal Court shall enter the orders and judgments it considers just and proper concerning care and custody of the children, including orders and judgments awarding joint legal custody or sole legal custody, and joint physical custody or sole physical custody, until each child has attained the age of eighteen (18) years.

(c) When Custody of any child is contested, the Tribal Court may interview the child privately to determine if the child is of sufficient age to express a preference regarding custody and, if so, the reasonable preference of the child, provided that the Tribal Court shall focus the interview on such determination, and the information received shall be applied only to the custody determination. A record shall be made of such interview and sealed pending any review by the Tribe's Court of Appeals.

(d) Each party has a continuing duty to inform the Tribal Court of any other proceeding that could affect any award of custody of any child under this chapter.

11.02.320 Petition for Child Custody

(a) For an action involving children and no divorce, except as otherwise provided below in B, the party seeking relief must attach a verified statement to the petition, stating:

(1) the Court's jurisdiction under this section;

(2) the last known telephone number, post office address, residence address, and if knows the business address of each party;

(3) a physical description of each party, including eye color, hair color, height, weight, race, gender, and identifying marks;

(4) any other names by which the parties are or have been known;

(5) the name, age, birth date, and residential address of each child involved in the action, as well as of any other child of either party;

(6) if the parties are unmarried how paternity was established, if paternity has not been established any paternity action shall be governed by Section 11.03.040 of this title;

(7) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period;

(8) whether the petitioner has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(9) if the petitioner knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(10) if the petitioner knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time with, the child and, if so, the names and addresses of those persons;

(11) the name and address of any person, other than the parties, who may have custody of any child during the pendency of the action; and

(12) a proposed parenting plan.

(b) The information in the verified statement under Section 11.02.320(a) is confidential and shall not be released other than to the Tribal Court, the parties, or the attorneys for the parties, except on Tribal Court order and shall not be made a part of the public Tribal Court file. For good cause, the addresses of a party and any child may be omitted from the copy of the statement that is served on the other party. If any of the information required to be included in the verified statement is omitted, the party seeking relief shall explain the omission in a sworn affidavit, to be filed with the Tribal Court.

(c) The Petition shall be accompanied by a filing fee for a civil action as may be specified by rules of the Tribal Court.

(d) When a Petition is filed in the Tribal Court, the Tribal Court shall issue a summons with a hearing scheduled no later than sixty (60) days after the Petition is filed. The summons shall include a date certain and time for the parties' appearance with a warning that a Respondent's failure to appear may result in a default judgment.

(e) The Tribal Court shall retain the original executed summons and return a copy of the executed summons to the Petitioner within five (5) days.

(f) The summons and petition shall be served by the Petitioner on Respondent(s) in accordance with the Saint Regis Mohawk Tribe's Rules of Civil Procedure, with proof of service filed with Tribal Court in accordance with those rules.

11.02.325 Answer

(a) The Respondent may file an answer with the Tribal Court, or take other action permitted by Tribal law or Tribal Court rules, within twenty (20) calendar days after being served with the summons and a copy of the Petition.

(b) The Respondent, by answer, shall agree with the parenting plan proposed or propose an alternative parenting plan.

(c) If filing an answer, the Respondent shall cause the Petitioner to be served with it as governed by the Saint Regis Mohawk Tribe Rules of Civil Procedure and shall file the proof of service with the Tribal Court.

11.02.330 Default

(a) If the Respondent fails to answer within the time stated in Section 11.02.320(a), the Petitioner may file a motion with the Tribal Court for a default together with a proposed order.

(b) The Petitioner must cause the Respondent to be served with the motion for default and the proposed order in the manner provided in the Saint Regis Mohawk Tribe's Rules of Civil Procedure, and shall cause proof of service to be filed with the Tribal Court, if:

(1) the Respondent has appeared in the action; or

(2) The motion for a default judgment seeks relief different than stated in the Petition.

(c) The Tribal Court may grant Petitioner's motion for default judgment and enter a default judgment if the time under Section 11.02.320 has run, provided that the Tribal Court believes the proposed order is fair to both parties and in the best interest of the Children.

(d) The Tribal Court clerk shall promptly mail notice of entry of a default order to all parties. The notice to the Respondent shall be mailed to the Respondent's last known address or the address of the place of service. The clerk shall keep a record that notice was given.

(e) If a Respondent is served with proof of service filed and fails to appear on the return date, the Court may entertain an oral motion to award the Petitioner custody or make such orders as it deems just and proper.

11.02.340 Best Interest of the Child in Custody Proceedings

(a) The Court shall consider these interests in every decision regarding custody of a child and their family. It is in the best interest of a child:

(1) to have strong relationships with both of their parents unless the Court determines that it would be contrary to their best interest; if the petitioner is not a parent, the Court shall include a provision as to why custody to a non-parent is in the child's best interest;

(2) to know and rely upon their heritage, and to have pride in their heritage;

(3) to be protected and cared for by adults willing to meet their spiritual, physical, and emotional needs;

(4) to have the right to healthy relationships with extended family on both sides of the family;

(5) to grow up free from violence and emotional abuse;

(6) to express their own views;

(7) to develop self-identity and awareness of their unique role within the larger community, including participation in family, community and cultural activities; and

(8) to have families that respect their relationship with all sides of their family relations.

11.02.350 Joint Custody

In Custody disputes between parents, the Tribal Court shall advise the parents of joint legal custody and joint physical custody and that neither parent has a presumptive right or superior right to custody. At the request of either parent, the Tribal Court shall consider an award of joint legal custody or joint physical custody, or both, and shall state on the record the reasons for granting or denying a request. Absent a request by either parent, the Tribal Court may consider joint legal custody or joint physical custody, or both. The Tribal Court shall make determinations regarding joint legal custody or joint physical custody, or both, based upon the best interests of the child.

11.02.355 Third Party Custody by Consent

(a) An adult who has an established, substantial, familial relationship with the child, may petition the court with the consent of the parents to establish a third-party custody order.

(b) Once the petition is filed the Court shall cause a summons to be issued to the parties. The return date of the petition shall be no later than thirty (30) days from the filing. The Petitioner shall serve the parents with the summons and petition according to the Saint Regis Mohawk Tribe's Rules of Civil Procedure with proof of service to be filed in accordance with such rules.

(c) On the return date, the Court may approve the Petition if each parent consents and the Court finds after taking testimony that the third party is appropriate and has an established familial connection with the child. If the Court finds the third party is not appropriate, the Court may refer the matter as it sees fit.

(d) To modify or terminate such an order, a parent may file to revoke the order at any time, but the parent must revoke it in front of the Judge and the Court must find it is in the child's best interest to revoke such order or refer the matter as it sees fit.

11.02.360 Parenting Time

(a) In all actions involving any dispute over custody, the Tribal Court shall declare the child's inherent rights and establish the rights and duties as to parenting time in accordance with this chapter.

(b) Parenting time shall be granted in accordance with the best interests of the child. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.

(c) If the parents agree on parenting time terms, the Tribal Court shall order the parenting time terms unless it determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child.

(d) A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.

(e) The Tribal Court may consider the following factors when determining the frequency, duration and type of parenting time to be granted:

(1) the existence of any special circumstances or needs of the child;

(2) whether the child is a nursing child less than six (6) months of age, or less than one year of age if the child receives substantial nutrition through nursing;

(3) the reasonable likelihood of abuse or neglect of the child during parenting time;

(4) the reasonable likelihood of abuse of a parent resulting from the exercise of parenting time;

(5) the inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time;

(6) whether a parent can reasonably be expected to exercise parenting time in accordance with the Tribal Court order;

(7) whether a parent has frequently failed to exercise reasonable parenting time;

(8) the threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has custody, provided that a custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent; and

(9) any other relevant factor it deems relevant.

(f) A parenting time order may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of parenting time by a parent, including without limitation, one or more of the following:

(1) division of the responsibility to transport the child;

(2) division of the cost of transporting the child;

(3) restrictions on the presence of any third person during parenting time;

(4) requirements that the child be ready for parenting time at a specific time;

(5) requirements that the parent arrive for parenting time, and return the child from parenting time, at specific times;

(6) requirements that parenting time occur in the presence of a third person or agency;

(7) requirements that a party posts a bond with the Court to assure compliance with a parenting time order;

(8) requirements of reasonable notice when parenting time will not occur; and

(9) any other reasonable condition determined to be appropriate in the particular case.

(g) During the time a child is with a parent to whom parenting time has been awarded, that parent shall decide all routine matters concerning the child.

(h) Upon motion, the Tribal Court shall consider, and may provide for, reasonable visitation by grandparents and, if denied, shall make a record of the denial.

11.02.370 Change in Residence

(a) Any child whose custody is governed by Tribal Court and provides for joint custody has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of any child whose custody is governed by Tribal Court order and provides for joint custody shall not change a legal residence of the child to a location that is more than one-hundred (100) miles from the child's legal residence at the time of the order.

(b) When filing to modify a joint custody order, Section 11.02.370(a) does not apply if:

(1) the other parent consents to the residence change and the Tribal Court enters an order permitting the residence change;

(2) after complying with paragraph C below, the Tribal Court permits the residence change;

(3) after a hearing, the Tribal Court determines to grant sole legal custody and sole physical custody to one (1) of the parents; or

(4) the modified order would result in the child's two (2) legal residences being closer to each other.

(c) Before permitting a legal residence change otherwise restricted by Section 11.02.370(a), the Tribal Court shall consider each of the following factors, with the child best interests as the primary focus in the deliberations:

(1) each parent's reasons for seeking relocation or fighting against the relocation;

(2) the quality of the child's relationship with each parent;

(3) the degree to which the Tribal Court is satisfied that, if it permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification;

(4) whether the legal residence change has the capacity to improve the quality of life, including financially, emotionally, and educationally, for both the child and the relocating parent; and

(5) domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(d) Each Tribal Court order determining or amending custody or parenting time of any child shall include a provision stating each parent's agreement as to how a change in either of the child's legal residences will be handled. If such a provision is included in the order and the child's legal residence change is done in compliance with that provision, this paragraph shall not apply. If the Parents do not agree on such a provision, the Tribal Court shall include in the order the following provision: "A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with this chapter."

(e) If this section applies to a change in a child's legal residence, and the parent seeking to change that legal residence needs to seek a safe location from the threat of domestic violence, the parent may move to such a location with the child until the Tribal Court makes a determination under this section.

11.02.380 Amendment of Custody Order or Judgment of Divorce Involving Children

(a) After entry of a judgment of divorce and/or custody, the Tribal Court may modify the judgment concerning the custody arrangements only after a showing of a substantial change of circumstances, which must be alleged in a petition and as subject to the requirements of this section.

(b) The Tribal Court may modify custody provisions of a judgment of divorce upon a showing of a substantial change in circumstances. The Tribal Court shall not modify the custody provisions of a judgment of divorce so as to change the established custodial environment of a child unless there is presented a preponderance of the evidence that there has been a substantial change in the circumstances of the parties and that it is in the best interests of the child.

(c) If a petition to amend a judgment of divorce with respect to custody is filed during the time a parent is in active military duty, the Tribal Court shall not enter an order amending the judgment, or issue a new order, that changes the child's placement that existed on the date the parent was called to active military duty, except the Tribal Court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. Upon a parent's return from active military duty, the Tribal Court shall reinstate the custody order in effect immediately before that period of active military duty. If a motion for change of custody is filed after a parent returns from active military duty, the Tribal Court shall not consider a parent's absence due to that military duty in a best interests of the child determination.

11.02.390 Form of Judgment and Order

(a) Each separate subject in a judgment or order entered under this chapter shall be set forth in a separate paragraph that is prefaced by an appropriate heading.

(b) A judgment of divorce shall include:

(1) a determination of all rights of the parties in and to all property rights of the parties;

(2) a determination of all rights of the parties in and to any policy or contract of life insurance, endowment, or annuity;

(3) a determination of all rights of the parties in and to any vested pension, annuity, or retirement benefits; and

(4) a determination of all rights of the parties concerning spousal support provided that if spousal support is not granted, a provision reserving or denying spousal support (a judgment silent with regard to spousal support reserves it).

(1) the domicile or residence of the child may not be removed from the state of domicile or residence without the approval of the Court, preferably from the judge who awarded custody or the judge's successor;

(2) the person awarded custody must promptly notify the Tribal Court in writing when any child is moved to another address that is more than one hundred (100) miles away or when there is a change the child's school district; and

(3) a parent whose custody or parenting time of any child is governed by the order shall not change the legal residence of the child except in compliance with Section 11.02.370.

11.02.400 Timing of Submission and Finding of Judgment or Order

Within twenty (20) days after the Tribal Court renders an opinion, or a settlement agreement is placed on the record, the moving party unless the moving party is not represented shall submit a proposed judgment of divorce approved by the opposing party or a motion to settle the judgment or order. The Tribal Court may extend the time for filing of the proposed final judgment of divorce. Once signed, the Tribal Court shall file the judgment or order and mail a copy to each party. If the parties are unrepresented the Tribal Court shall render the judgment and order and shall file it and mail a copy to each party.

11.02.410 Enforcement

(a) When either party to a divorce proceeding or custody order fails to comply with the terms of the judgment of divorce and/or custody, the other party may file a petition with the Tribal Court alleging such failure. The moving party shall cause the petition, along with a notice of hearing, to be served on the other party in accordance with the Saint Regis Mohawk Tribe court rules and shall cause proof of service to be filed with the Tribal Court in accordance with such rules.

(b) At the hearing, the Tribal Court shall take testimony as to the alleged failure to comply with the order or judgment and may issue any order which it deems just and proper under the circumstances.

(c) Without limitation, if the Tribal Court orders periodic support payments under this chapter, and the parent does not pay as ordered, the Tribal Court may utilize all enforcement methods that are available under the Tribe's Rules of Civil Procedure.

11.02.420 Appeals

(a) Appealable orders. Parties can only appeal final orders.

(b) All appeals shall follow the requirements set in the Saint Regis Mohawk Tribe Rules of Appellate Procedure.

11.02.430 Severability

If any provision of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, which shall continue in full force and effect.

11.02.440 Sovereign Immunity Not Waived

Nothing in this chapter is intended nor shall be construed as any waiver of the sovereign immunity of the Saint Regis Mohawk Tribe from suit in State, Federal or Tribal Court against the Saint Regis Mohawk Tribe, or as to any Tribal entity, official, or employee acting in his or her official capacity.

11.02.450 Amendments

The Chapter of this Code may be amended upon the approval of such amendments by the majority of Tribal Council and upon notice to the Tribal membership.

Chapter 11.03 Family Support Act

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.

11.03.020 Tribal Court

(a) Jurisdiction

(1) The Saint Regis Mohawk Tribal Court shall have subject matter jurisdiction over the proceedings and law set forth in this chapter.

(2) The Saint Regis Mohawk Tribal Court shall have personal jurisdiction over a party in paternity and child support matters when:

(A) a party or the child is an enrolled member or eligible to become a member of the Saint Regis Mohawk Tribe;

(B) a party or the child resides or is domiciled within the territory of the Saint Regis Mohawk Tribe;

(i) express contractual consent;

(ii) residing or domiciling within the Tribe's reservation;

(iii) being employed as a contract, temporary, or regular employee of the Tribe or a tribal business located on the reservation;

(iv) engaging in consensual relations or a domestic relationship with a tribal member on the reservation;

(v) or participating in any other substantial activity within the territorial jurisdiction of the SRMT that impacts the political integrity, the economic security, or the health and welfare of the Tribe and its members.

(b) Summons

(1) If a complainant does not utilize the services of the SRMT-CSEU, then the complainant must file the original petition along with a Summons with the SRMT Court Clerk and a copy of the petition with the SRMT-CSEU. If SRMT-CSEU files the complaint on behalf of a party, then the agency shall file the original petition along with a Summons with the SRMT Court Clerk. The Summons shall be on a form approved by the Court.

(2) The Summons shall include a time and date for Mediation. Mediation shall take place within thirty (30) days of the filing of the Summons and Petition.

(3) The date and time of the initial court appearance shall be left blank for the Clerk of the SRMT Court to complete. The date for the initial court appearance, should an agreement not be reached at Mediation, shall be no more than 60 days from the date of the filing of the Summons and Petition.

(4) The Summons shall also contain the following information:

(A) Notification of the requirement that both parties will attend Mediation with SRMT- CSEU prior to the initial court appearance.

(B) Notification that, if the respondent does not appear on the date, time and location of the initial court appearance as stated on the Summons, a Default Judgment may be entered.

(D) Notification that the respondent may file an answer to the claims in the Petition by filing a written answer with the Tribal Court and SRMT-CSEU within twenty (20) days of the service of the Summons and Petition.

(E) If it is a SRMT-CSEU case, notification that each party must keep SRMT-CSEU advised of his/her current address and employer. Each party must advise the SRMT-CSEU within ten (10) days of changing his/her physical address or employment.

(1) SRMT-CSEU or the complainant is responsible for service of the Petition and Summons and may effectuate such service by the use of a process server, or any person, not a party to the action, who is over the age of eighteen (18) years.

(2) Both the Petition and Summons shall be served on the respondent as outlined in the Tribe's Rules of Civil Procedure as amended or by United States Postal Service certified mail, return receipt requested. If neither method of service is possible then publication may be used as an alternative method.

(3) Upon effectuating personal service, the person serving the pleadings shall file an Affidavit of Service, indicating that he or she has served the respondent or a person of suitable age and discretion at respondent's last known residence or place of employment followed by a mailing at respondent's last known residence or place of employment, the date and place of service. Any affidavit of service shall comply with the requirements of the SRMT's Rules of Civil Procedure TCR 2008-20 or as amended. When utilizing certified mail return receipt requested for service, the return receipt shall be proof of service once it is filed with the Clerk of the SRMT Court without the need for an affidavit of service.

(4) In the event that the respondent cannot be served personally or by certified mail, SRMT- CSEU may apply to the Court to effectuate service by publishing the Summons in a newspaper nearest to the last known location of the respondent for two consecutive publication dates at least 30 days before the initial court appearance or any other court appearance. A copy of the published notice shall be filed with the Clerk of the SRMT Court as proof of service.

(5) If the SRMT-CSEU was not the party filing the Summons and Petition, the Clerk of the SRMT Court shall provide a copy of the filed documents to the SRMT-CSEU.

(d) Default Judgments

(1) At an initial court appearance or for any other scheduled court appearance where the respondent fails to appear, the SRMT Tribal Court may issue a Default Judgment upon finding the following:

(A) That the Tribal Court has jurisdiction over the subject matter of the case and over the respondent;

(B) That the respondent was given proper service of the Petition and Summons as provided for in this chapter;

(D) That the respondent has failed to appear or to answer the petition.

(2) The Default Judgment shall be served on the respondent as provided by the Court or as directed by the Court.

(3) A Default Judgment may be reopened upon a showing for good cause which can include, but is not limited to, the respondent not having proper notice, or that the SRMT Tribal Court lacks jurisdiction, or that it is subsequently shown that a party is not the biological parent of the child.

11.03.030 Mediation

(a) Mediation with the SRMT-CSEU

(1) Both parties will participate in mediation with SRMT-CSEU prior to the initial court appearance as provided for in the Act, in an attempt to reach an agreement on the underlying petition without court involvement. The date and location of Mediation shall be provided in the Summons.

(2) During mediation, the SRMT-CSEU shall discuss with both parties the options for settling the matter without litigation. The options for settlement are as follows:

(A) For a paternity petition:

(i) The right to voluntarily acknowledge paternity without genetic testing and without resolving the issue of child support. The SRMT-CSEU shall provide the parties with the acknowledgment form for execution and shall file said acknowledgment with the proper state agency managing the vital records in the state in which the child was born. If the acknowledgment form is not readily available, SRMT-CSEU shall schedule a date and time for the parties to return to execute the acknowledgment. For a child born outside of the United States, the SRMT-CSEU shall provide the parties with the appropriate forms necessary to acknowledge paternity. Such forms shall then be filed with the appropriate agency where the child was born.

(ii) The right to request genetic testing. If testing is requested, then the SRMT-CSEU shall obtain genetic test samples, if possible, on that day. If the parties and child cannot participate in genetic testing that day, then a date and time for the parties to be tested shall be agreed upon.

(iii) The right to acknowledge paternity and settle the child support issue by signing an Agreement that sets forth the terms of the settlement which includes an acknowledgment that the putative father is the biological father based on his statements, and incorporating terms of child support, medical support and fees (if any). Both parties shall sign the Agreement and the Agreement shall be submitted to the Tribal Court with a request that the Agreement be incorporated into a Court order. The parties' signed agreement shall take effect upon signing; or

(iv) The right to deny paternity and request a tribal court hearing. If a hearing is requested, the hearing shall be held on the date and time indicated on the initial Summons served on the party.

(B) For child support:

(i) The parties can sign an Agreement setting forth the amount of basic child support, child support add-ons like medical expenses and child care expenses, if appropriate, arrears and any other matter related to child support. The SRMT-CSEU shall submit the signed Agreement to Tribal Court to be incorporated into a Court order. The parties" signed agreement shall take effect upon signing.

(3) When child support is requested in a petition, the SRMT-CSEU shall prepare a Child Support Worksheet for the parties using the guidelines in this chapter and the information presented by each party in the Financial Disclosure Form. The Worksheet will provide calculations on the amount of child support that may be requested by the petitioner. All information collected during the mediation shall be kept confidential.

(b) Lack of Agreement

(1) While attendance at mediation is desired and encouraged no party may be penalized for failing to participate. If one party refuses to participate in Meditation, the initial court appearance as set forth in the Summons shall take place.

(2) If the parties are unable to reach an agreement after mediation, the initial court appearance as set forth in the Summons shall take place.

11.03.040 Paternity

(a) Children Born During a Marriage

(1) A child born during a marriage is presumed to be the child of the husband.

(2) A putative father who is not the mother's husband may challenge the presumption of the husband's paternity and file a paternity petition on the basis of the child's best interest or on the basis of the husband's lack of access.

(3) The SRMT-CSEU may challenge the presumption of paternity due to the husband's lack of access and may file a paternity petition.

(b) Children Born Outside of a Marriage

(1) The paternity of a child born outside of a marriage may be established through: (1) genetic testing, (2) as agreed between the parties, (3) as ordered by SRMT Tribal Court; (4) through an acknowledgment of paternity or (5) a birth certificate if the jurisdiction in which the child is born establishes paternity through a birth certificate.

(2) A parent can revoke an acknowledgment of paternity within sixty (60) days of signing. A parent can petition the SRMT Court to revoke an acknowledgment of paternity if more than sixty (60) days has passed since signing it, but only on the grounds of fraud, duress or material mistake of fact.

(1) Any interested party, including the biological mother, the putative father, the child's legal guardian, the child, or the SRMT-CSEU on behalf of the Tribe by assignment of interest from the custodial parent, may petition the court for the determination of the paternity of a child. No child support can be ordered unless paternity has been established.

(2) Establishment of paternity under this chapter has no effect on Tribal enrollment, membership or eligibility for membership. Membership determinations are separate and distinct from the establishment of paternity. Any person wishing to file a membership application may do so with the Tribal Clerk of the SRMT.

(d) Establishment of Paternity

(1) A petition for the establishment of paternity shall contain the following information:

(A) The name, date of birth and tribal affiliation (if known) of the child or children and the date ranges of conception;

(B) The names, dates of birth, tribal affiliation (if known) and addresses of the biological mother and the putative father(s) in the action;

(C) If there is a protective order in place, the address of the affected party and of any children shall be redacted from all court documents;

(D) If there is reason to believe that emotional or physical harm may be inflicted should the whereabouts of a party or a child be disclosed, the petitioner shall state the reason and request the Court to issue an Order redacting the personal information from all court documents that respondent can access;

(E) A statement regarding the father's access to the mother prior to the child's conception or birth;

(F) A statement indicating if there has ever been any other proceeding including any state court or other tribal court, involving the child or children in the action for paternity, custody, placement or child support; and

(G) A statement indicating whether the custodial party will be seeking a child support order if paternity is established; and

(H) A copy of any order entered by a state court or other tribal court.

(2) A paternity petition shall contain the following notices:

(A) that if the parties agree, they have the right to voluntarily acknowledge paternity by executing an Acknowledgment of Paternity at Mediation or at the initial court appearance;

(B) that either party can request genetic testing if paternity is contested by either party. The party requesting genetic testing, however, shall bear the burden of paying for it unless he/she can demonstrate why he/she should not pay for it;

(D) that if paternity is established and child support is requested, that support shall commence from the date that paternity is established.

(3) An Answer which denies paternity may rely on the following

(A) The putative father was sterile or impotent at the time of conception; and/or

(B) The putative father and the biological mother did not have sexual intercourse at the time of conception; or

(D) The putative father is not the biological father of the child.

(e) Initial Appearance for Paternity

(1) If the putative father and the biological mother are willing to voluntarily acknowledge paternity without the use of genetic tests, the Tribal Court shall issue a final order establishing the putative father as the legal father of the minor child.

(2) If paternity is contested, the SRMT Tribal Court shall order that genetic testing be performed within ten (10) days of the hearing. The Order shall contain the date, time and location of the genetic testing and shall comply with the requirements of this chapter.

(3) Upon proper notice in the Summons, if one or both parties fail to appear at the initial court appearance, a Default Order of paternity shall be entered unless the party who failed to appear requested that the appearance date be changed or notified the Court that he/she was unable to attend the hearing for good cause. A party may only request one change to the court date or be excused once for good cause. Thereafter, failure to appear at a rescheduled court date shall result in an automatic default judgment.

(f) Circumstances Where Paternity May Not Be Established

(1) If the child subject to the action was conceived as a result of forcible rape or incest, and the victim or guardian has requested that paternity establishment not proceed, SRMT- CSEU will not file an action in Tribal Court for paternity establishment. If this information is received following the filing of the Summons and Petition, the Tribal Court shall dismiss the action. If SRMT-CSEU filed the action, it shall request the dismissal from the Tribal Court.

(2) In any case in which a legal proceeding for adoption is pending, if, in the opinion of the SRMT-CSEU, it would not be in the best interests of the child to establish paternity, an action for paternity establishment will not be filed. If this information is received following the filing of the Summons and Petition, the Tribal Court may dismiss the action. If SRMT- CSEU filed the action, it may request the dismissal of the action by filing a motion for an Order to Dismiss.

(g) Genetic Testing

(1) In ordering genetic testing, the SRMT-CSEU or the SRMT Tribal Court shall ensure that:

(A) Genetic test samples are collected by certified buccal swab collectors at the SRMT-CSEU;

(B) Genetic testing samples are provided to an accredited genetic testing laboratory with a notice to where to send the results;

(C) Results should be sent to the SRMT-CSEU if the parties attended Mediation and wish to resolve the matter without further litigation. If the matter is pending in Tribal Court the results shall be sent to it;

(D) Once Tribal Court has received genetic testing samples it shall notify the parties and notify the parties of the next court date. Once SRMT-CSEU has received the results, it shall notify the parties and notify them of a new Mediation date;

(E) If genetic tests show that the putative father is the biological father by a percentage of 99.0% or higher, paternity is presumed and the putative father shall be adjudicated the legal father;

(F) Whenever the results of the genetic tests exclude the putative father as the biological father of the child, this evidence shall be conclusive evidence of non-paternity and the Tribal Court shall dismiss the action unless it finds good cause in the child's best interest to allow the matter to go forward;

(G) If the paternity action was brought by the child's biological mother but she refuses to submit herself or the child to the genetic tests, the action shall be dismissed; and

(H) Establishment of paternity under this section has no effect on Tribal enrollment or membership.

(h) Final Paternity Hearing

(1) If paternity was not established by voluntary acknowledgment at the initial court appearance, and a genetic test was ordered, a final paternity hearing shall be held where the results of the genetic testing shall be presented unless the parties agree to the establishment of paternity. The hearing shall be held no later than ten (10) days after the receipt of the genetic testing results.

(2) Upon the Tribal Court's receipt of the genetic test results, it shall advise the parties of its receipt of the results. The SRMT Court Clerk shall then schedule the matter for a hearing.

(3) If the genetic tests results indicate a probability of 99.0% or higher, the SRMT-CSEU shall file a Proposed Order, that:

(A) Finds the putative father is the biological father based on genetic testing

(B) Sets conditions for the repayment of any fees or costs associated with the paternity action including, but not limited to, genetic testing, service of process and modification of the official birth record.

(4) If genetic tests establish that there is a probability of 98.9% or lower and there has been no showing by the preponderance of the evidence that the putative father named in the Petition is not the biological father, the SRMT-CSEU shall file a Proposed Order that the case be dismissed unless the Court determines there is good cause in the child's best interest to move forward with the hearing.

11.03.050 Establishment of Child Support

(a) Establishment or Modification of Child Support

(1) A parent, child, custodial parent, the child's legal guardian, or the SRMT-CSEU on behalf of the Tribe, may petition the court for the establishment of a child support order. No child support can be ordered unless paternity has been established.

(b) Petition for the Establishment of Child Support

(1) In order to petition for child support, a parent, child, custodial parent, guardian or any other person who is providing financial support and with whom the child(ren) reside shall submit a complete child support application to the SRMT-CSEU. Based on that application, the SRMT-CSEU shall file a petition for an order establishing child support.

(2) The petition for establishment of child support shall contain the following information:

(A) The name, date of birth and tribal affiliation (if known) of the child;

(B) The names, dates of birth, tribal affiliation (if known) and addresses of the parents in the action.

(C) If there is a protective order in place, the address of the affected party and of any children shall be redacted from all court documents; or if there is reason to believe that emotional or physical harm may be inflicted should the whereabouts of a party or a child be disclosed, the petitioner shall state the reason and request the Court to issue an Order redacting the personal information from all court documents that respondent can access;

(D) The amount of the proposed child support requested pursuant to the guidelines provided for in this chapter.

(E) A statement indicating how health insurance and/or medical support is to be provided, whether there are any outstanding medical bills, and whether there are any extraordinary medical expenses for the child(ren);

(F) A statement indicating whether there are any work-related child care expenses;

(G) A statement indicating if there has ever been a separate proceeding in another jurisdiction for paternity, custody, placement, or child support involving the subject child(ren);

(H) A copy of any order entered by another jurisdiction for paternity, custody, placement, or child support;

(I) A statement as to the current custody, placement and parenting time of the child(ren);

(J) An official birth certificate, acknowledgment of paternity or court order indicating that the father is named as the legal father of the child or children. A copy of either the official birth certificate, court order or acknowledgment of paternity shall be attached to the petition. If the parties were married at the time of the child(ren)'s birth, then such a statement shall be included in the petition.

(1) Each party to the action shall be required to complete a Financial Disclosure Form and to provide SRMT-CSEU with the disclosure prior to the Mediation as required by Section 11.03.030(a)(3). Each party shall sign a confidentiality statement that will require each of them to keep any information learned during the mediation confidential. If a party fails to attend Mediation then each party shall file the Financial Disclosure Form with the Court prior to the initial court appearance.

(2) Prior to Mediation, each party shall provide the SRMT-CSEU with the following financial documents: the last two (2) years of income tax returns, W-2s, 1099s, and current pay stubs, if available. If a party fails to attend Mediation then each party shall file the required financial documents to Tribal Court prior to the scheduled initial court appearance.

(3) Each party to the action shall complete a Release of Information Authorization which shall allow SRMT-CSEU to obtain additional financial records and to confirm any information provided by a party.

(4) The following SRMT entities are required to release information to SRMT-CSEU for the purpose of establishing, modifying or enforcing a child support order:

(A) All departments of SRMT;

(B) Akwesasne Housing Authority and Community Development;

(D) Any person or entity doing business within the territory of the Saint Regis Mohawk Tribe.

(5) If a party declines to participate in Mediation, or otherwise fails to provide the required financial disclosure as outlined above, the Court and SRMT-CSEU will utilize imputed income to determine his/her child support obligation.

(6) Financial information shall be kept confidential and full disclosure of information shall be available only to the Court and the SRMT-CSEU. When any financial documents are filed with the Court to be placed in the public docket, the Court shall redact all personal and confidential information such as social security numbers, employee identification numbers, tax identification numbers and all other identifying data. The Court shall order the parties to keep confidential any financial information obtained during the hearing.

(7) Any financial information provided to SRMT-CSEU or the Court shall be used for the sole purpose of establishing, modifying, or enforcing child support.

(d) Child Support Guidelines

(1) Every four (4) years, SRMT-CSEU shall prepare a Child Support Standards Chart (CSSC) guideline which shall serve as a guide to parties and the SRMT Court in determining the basic child support obligation. The chart shall be broken down by annual income ranges and by the number of children in a case. It shall establish the upper limit of the combined parental income. To receive an amount of child support above that upper limit the parents can mediate such an amount or the Court can deviate based on the child's needs.

(2) A parent's child support obligation shall be established utilizing the annual gross income of the CP and NCP. If a parent's income is unknown or if the parent is unemployed, imputed income may be used when calculating the child support.

(3) Child support is based on a percentage of income determined by the number of children as follows:

(A) 17% for one child;

(B) 25% for two children;

(D) 31% for four children;

(E) No more than 35% for five or more children.

(4) Child support obligations may be impacted by a "Self-Support Reserve" (SSR) which shall be one hundred thirty-five percent (135%) of the poverty income guidelines amount for a single person as reported by the Federal Department of Health and Human Services and shall be part of the child support calculation.

(5) Child support obligations shall be based on the percentages contained in this section and shall be represented as a whole dollar amount in the Court Order, unless the Court finds good cause to deviate pursuant to Section 11.03.050(f)(4) from the SRMT CSSC or based on the child's needs.

(e) Child Support Calculations

(1) Worksheet. The Child Support Calculation Worksheet provided for in this chapter will determine the proposed amount of child support a parent will be responsible for. The worksheet will be completed utilizing the following steps:

(A) Determine Total Gross Annual Income of each parent. Total Gross Income is determined by totaling all funds received from any source before taxes or other expenses of any kind are taken out. Total Gross Annual Income does not include public assistance payments or child support received or paid on behalf of children of other relationships

(B) Determine Total Annual Deductions of each parent. Total Annual Deductions is determined by totaling all deductions from income which include federal, state, and local taxes, state unemployment and disability taxes, and social security taxes, union dues but it does not include deductions such as voluntary retirement contributions and transportation deductions.

(C) Calculate Annual Net Income of each parent. Annual net income is calculated by subtracting the total annual deductions (b) above from the total gross annual income (a) above.

(D) Calculate Combined Annual Net Income. Combined Annual Net income is determined by totaling the annual net income of the Custodial Parent's (CP) and Non-Custodial Parent's (NCP) annual net incomes with the maximum outlined in the CSSC of the Combined Annual Net Income.

(E) Determine the Basic Child Support Obligation. To determine the Basic Child Support Obligation, multiply the Combined Annual Net Income by the appropriate child support percentage listed in the CSSC.

(F) Determine Proportional Share of Combined Annual Net Income. To determine each parent's proportional share of combined annual net income in order to calculate their proportional share of the basic child support obligation, divide each parent's annual net income by the total combined annual net income.

(G) Calculate Basic Child Support Obligation without consideration of low-income limitations. To calculate each parent's Basic Child Support Obligation without considering low income limitation, multiply the basic child support obligation by each parent's proportional share of combined annual net income.

(H) Determine Low Income Limitations. Low income limitations are determined by utilizing the current Federal Poverty Level (FPL) and the Self-Support Reserve (SSR) as reported by the United States Department of Health and Human Services. These limitations are calculated by subtracting each parent's basic child support obligation from their annual net income and then comparing the result with the current FPL and SSR. If the amount falls between the FPL and the SSR, then the presumptive amount will be $25.00 per month ($300.00 annually). If the amount falls below the FPL, then the presumptive amount will be $0.00. If the amount is greater than the SSR, then the low-income limitations do not affect the obligation and the presumptive amount will be the Child Support Obligation as calculated.

(I) Determine Social Security Offset. If a child is receiving Social Security cash benefits as a result of the parent's disability, the amount owed for child support shall be reduced by the amount of the child's monthly cash benefit. Should the child's monthly cash benefit exceed the amount of the monthly child support obligation there shall be no credit against any child support arrears.

(J) Offset for other child support obligations. If a parent has more than one child support case, any prior child support obligation shall be deducted from his or her gross income.

(K) Amount above maximum of CSSC. If the Combined Annual Income is above the statutory amount of the CSSC then the NCP is responsible for the Basic Child Support Obligation and whatever other amount above the statutory amount as agreed between the parents or as determined in the Tribal Court's discretion utilizing the factors from Section V(E)(4).

(2) Medical Costs. Medical support may be considered if one or both parents have accessible and affordable health coverage available for the child at a reasonable cost. Reasonable cost is defined as being no more than 5% of a parent's gross income. If a child is eligible for Indian Health Service, the Tribal Court will not establish a medical support order. However, the Tribal Court may require parents to share in the child care expenses and/or extraordinary medical expenses not covered under any policy, plan, or Indian Health Service (IHS).

(3) Non-Cash Support. Non-cash support may be considered by the Tribal Court in lieu of cash child support only when agreed upon by both parties.

(A) In determining whether to permit non-cash support, the Tribal Court shall consider the current circumstances of the parties including whether a non-custodial parent is able to obtain employment, and the availability of other financial resources to meet the current cash child support obligation.

(B) If a low-income limitation is determined, non-Cash Support may be considered per the SRMT Child Support Guidelines.

(D) All non-cash support orders must describe the type of non-cash support contribution and the SRMT Court must assign a dollar value to the contribution.

(E) Should a non-cash support contribution not be met, the recipient of the non-cash support is required to notify SRMT-CSEU by the end of each month of the non- compliance in writing. If a notice of non-compliance is not received by the last day of the month, it shall be presumed the non- cash support contribution was met and the payor shall receive a credit based on the Tribal Court Order.

(f) Child Support Establishment

(1) Hearing. If the parties are unable to reach an agreement with respect to the child support and other conditions in Mediation, the hearing shall be held on the date and time shown in the Summons and Petition. At the initial appearance, the Court may enter a temporary based upon the Judge's discretion.

(2) Child Support Worksheet. Prior to the parties' appearance the SRMT-CSEU shall file the Child Support Worksheet. After submitting such worksheet, if the SRMT-CSEU receives new information that impacts the child support obligation requested then the SRMT-CSEU shall file a new Child Support Worksheet with the Court with notice being provided to the parties that a new worksheet has been filed. Acceptable forms of notice include a letter to the parties or an email to the parties as long as there is proof of receipt.

(3) Order. Following a child support hearing, the Court Order for Child Support shall contain the following information:

(A) A statement that SRMT has jurisdiction over the child support case and personal jurisdiction over the respondent;

(B) The amount of child support and any amount to be paid towards arrears, if any exist. Child support arrears may be ordered by the Tribal Court beginning from the date paternity was determined or the date in which the child support petition was filed;

(D) A statement regarding the circumstances under which the child support obligation will terminate;

(E) A statement that each parent shall notify SRMT-CSEU of any change of employer or address within ten (10) days of said occurrence;

(F) A statement that if a payor becomes delinquent in an amount equal to one month's child support or fails to follow the terms of the Court Order, any and all enforcement remedies available to SRMT-CSEU under this chapter shall be taken;

(G) An order to seek work if the NCP is unemployed or underemployed;

(H) That each party may request a review of the support order once every twenty- four (24) months or sooner if there is a change in circumstances warranting a modification;

(I) If the parties request that child support payments not be made to the SRMT-CSEU pursuant to a Federal Notice of Income Withholding, the Tribal Court will take testimony on how the parties intend to remit payments. If either the CP or NCP demonstrates that there is good cause not to require income withholding, the Court may enter such a finding. However, the order also shall state that if the payor becomes delinquent in an amount equal to one month's child support SRMT-CSEU may issue a Notice of Income Withholding and submit it to the employer or other source of income of the payor; and

(J) A referral to any program the Court deems just and proper.

(4) Deviation. There is a rebuttable presumption that the worksheet calculations are correct to support the requested award of child support. However, the Tribal Court has discretion to deviate from the child support calculation based on substantial evidence that the calculation would be harmful to the parent. If the Court decides to deviate from the calculations, the Court shall state in a written order the amount that would have been ordered had the guidelines been followed and the Court must justify such deviation. The Court may only rely on one or more of the following reason(s):

(A) The financial resources of the child(ren) and or parent(s) require it;

(B) One of the parents is a seasonal employee of a trade or profession;

(C) The party has a verified and documented legal financial obligation to a person other than the child, to make payments, such as extraordinary medical or educational expenses;

(D) The party has verified and documented extraordinary travel expenses incurred in exercising the right to periods of physical placement or visitation;

(E) The party has verified and documented extraordinary travel expenses incurred to secure employment;

(F) The best interests of the child including physical, mental and emotional needs and the child's educational needs;

(G) The NCP already provides for the child's needs, without a child support order including but not limited to, shelter, food, and extracurricular activities. The NCP shall provide an affidavit attesting to this claim with supporting affidavits from school officials, social service workers, employers, and any other source that can substantiate the claim; or

(H) An agreement by the parties for a deviation.

(5) Default Order. When the respondent fails to appear or fails to answer a Petition filed herein, the Tribal Court shall enter a Default Child Support Order pursuant to Section 11.03.020(d)

(A) In issuing the Default Order, the Court must also find that the Petition or the recommendation of SRMT-CSEU is based on available, relevant and material financial information and the respondent's child support obligation, at the amount provided for in the Default Order, has been correctly determined under the guidelines and schedule based on calculation of the income provided or based upon the child(ren)'s needs.

(B) The Default Order shall be served on the respondent by the Tribal Court Clerk per the Service requirements at Section 11.03.020(c).

(C) A Default Child Support order may be reopened upon motion of the party and such motion to reopen shall be liberally granted for good cause.

(6) Modification of Child Support Determination. Any party to an action may request a child support review from SRMT-CSEU to determine if there has been a substantial change in circumstances since the last order for child support or if the child support order has not been reviewed for twenty-four (24) months or more. A substantial change in circumstances includes, but is not limited to, a change in annual income of 15% or a change in the actual residence of a child(ren) has changed. If a modification is justified, the SRMT-CSEU shall file a petition for modification of child support. The petition shall be subject to the same procedures as an initial petition for child support including the requirement for Mediation, a worksheet calculation, and a court hearing to review the petition.

(7) Termination of Child Support. Child support shall continue until the child reaches the age of twenty-one (21) years, unless emancipated pursuant to a valid court order. When the child reaches the age of twenty-one (21), the SRMT-CSEU shall file a motion with the Tribal Court to request the termination of any child order.

(g) Payment of Child Support

(1) SRMT-CSEU will be responsible for the receipting, distribution and disbursement of all child support payments pursuant to their IV-D Plan,

(2) After an agreement is reached between the parties or the issuance of an order for child support, SRMT-CSEU, if appropriate, will file a Federal Income Withholding Order/Notice for Support (IWO) (Form # OMB0970-0154) and submit to the employer or other source of income of the payor.

(3) An IWO shall indicate the amounts to withhold and any additional amounts to repay any arrearages pursuant to the terms of the Order. The employer must submit all amounts withheld to SRMT-CSEU no later than five (5) days following the date the income was withheld.

(4) The maximum amounts allowed to be withheld from any source of income shall be no more than fifty percent (50%) of the payor's disposable income available for child support. For the purpose of calculating the amount of income subject to garnishments, Disposable Income means an individual's compensation (including salary, overtime, bonuses, commission, and paid leave) after the deduction of health insurance premiums and any amounts required to be deducted by law. Amounts required to be deducted by law may include federal, state and local taxes, state unemployment and disability taxes, social security taxes, and other garnishments or levies, union dues, but does not include such deductions as voluntary retirement contributions and transportation deductions. This requirement shall be so stated in the court order and any SRMT-CSEU correspondence.

(5) If the Court has not ordered income withholding, the income of the NCP shall become subject to withholding, at the earliest, on the date when the payments which the NCP has failed to make are at least equal to the support payable for one month. In that case, SRMT- CSEU shall issue a Notice of Income Withholding and submit it to the employer or other source of income of the payor.

(6) No employer shall refuse to honor a Notice of Income Withholding or a party's wage withholding request issued under this chapter. If the employer fails to withhold income in accordance with the terms contained in the Notice of Income Withholding, the employer may be held liable for all amounts that should have been withheld from the payor. The SRMT-CSEU has the authority and standing as the Tribal agency with authority to enforce this Tribe's interest in child support, to initiate an action to recoup such amounts. The SRMT-CSEU Standard Operating Procedures will provide detail on when and how this will occur.

(7) An employer may not discharge, refuse to employ or take disciplinary action against an employee because his or her wages have been subjected to withholding for child support. Failure to comply with this section may subject an employer to appropriate penalties as to be determined under SRMT law or custom.

(8) When there is no current child support order and all arrearages have been satisfied, the SRMT-CSEU shall promptly terminate an Income Withholding Order/Notice for Support and provide the employer or other source of income, a termination notice.

(9) Parties will be provided with a detailed account statement, broken down by month, annually and upon request. The SRMT-CSEU will promptly refund amounts which have been improperly withheld.

(10) The SRMT-CSEU shall allocate withheld amounts across multiple withholding orders to ensure that withholding occurs for each case and does not result in any case not being implemented.

(h) Enforcement of Child Support Orders

(1) Should a payor fail to pay his or her support pursuant to the Tribal Court Order, SRMT- CSEU may report the delinquency to credit bureaus and pursue any other enforcement action available under applicable law.

(2) The SRMT-CSEU may take the following enforcement actions by requesting a court order for any or all of the following:

(A) That any tribally issued licenses or permits, or other forms of "permission needed" licenses or permits issued by the Saint Regis Mohawk Tribe from the Tribal Council be suspended or revoked;

(B) That the gaming winnings of the payor be seized;

(D) That the payor attends classes to achieve a high school diploma or equivalent;

(E) That the payor cooperates with SRMT-CSEU and follow any referrals made for services;

(F) That the payor's non-essential personal property be seized and sold to pay off the arrears.

(3) In the event that any of the foregoing does not result in the payor making his/her child support obligations or in the SRMT-CSEU's discretion any other enforcement efforts are futile the SRMT-CSEU may request assistance from other State and Tribal IV-D agencies to take any actions necessary to collect such support. Such actions may include but are not limited to:

(A) Seizure of state and federal tax refunds;

(B) Placement of liens on personal property or real property located off- reservation;

(D) Driver's license and professional license suspension;

(E) Seizure of bank and other financial accounts;

(F) A finding contempt and possible incarceration.

(4) In the enforcement of any child support order, the following shall be exempt from execution as follows:

(A) Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TAN-F);

(B) All wearing apparel of every person in the family except that only $500 in value in furs, jewelry, beadwork and personal ornaments for the person owing the child support obligation;

(D) Equipment, vehicles, tools, instruments and/or other materials determined by the Court to be necessary to enable the payor to obtain income;

(E) Any lands within the SRMT reservation that are used by the payor as a primary residence.

11.03.060 Foreign Orders

(a) Registration for Enforcement of Foreign Order

(1) The SRMT Court shall recognize and enforce any valid child support order that is properly registered with the Tribal Court pursuant to the Federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B).

(2) Foreign Orders may be registered with the Tribal Court by request of the transferring foreign court or by petition of the SRMT-CSEU. Any requests to the Tribal Court from a foreign jurisdiction for enforcement of a child support order shall be referred to SRMT- CSEU for processing of the petition under this section.

(b) Petitions for Registration of Order.

(1) A petition and proposed order shall be filed with the Tribal Court requesting registration of the foreign child support order. The Petition shall include:

(A) The name of the petitioner;

(B) The name of the payor;

(C) Statement that upon information and belief the payor is an enrolled member or employee of the Saint Regis Mohawk Tribe;

(D) The name of the child and other children that the payor may have child support obligations to;

(E) The amount of arrears, if any;

(F) A copy of the most recent court order from the foreign jurisdiction for which enforcement is sought;

(G) The record of payment over the past twelve months;

(H) The person or entity that should be paid if the petition is granted;

(I) Any other relevant information that will aid the court.

(J) Identification of what child support enforcement services are being requested.

(2) The Tribal Court shall serve the petition for registration along with a Notice of Registration by certified mail a copy of the petition with the notice of registration to the payor. The payor shall be notified of the right to object in writing to the registration within twenty (20) days of the mailing. The only allowable objection to the recognition and enforcement of a judgment is a mistake of fact or that the court lacked jurisdiction to hear the matter.

(1) If twenty (20) days have lapsed and no objection from the payor has been received, the Tribal Court shall issue an order within seven days recognizing the judgment as enforceable

(2) The Tribal Court Order shall not allow any modification of the underlying child support order or otherwise change the payment percentage, or other payment amount in the underlying child support order unless the parties agree the originating Court no longer has exclusive, continuing jurisdiction to hear the matter. The foreign court retains exclusive, continuing jurisdiction until neither party nor the child reside there or the parties agree to have SRMT Tribal Court assume jurisdiction.

(3) Upon issuance of the Order recognizing the judgment, the SRMT-CSEU shall issue a Federal Notice of Income Withholding and submit the Notice to the employer or other source of income of the payor, if applicable.

(4) Income Withholding Order/Notice for Support shall indicate the amounts requested to be withheld and any additional amounts to repay any arrearages pursuant to the terms of the order. The employer must submit all amounts withheld to the SRMT-CSEU no later than five (5) days following the date of withholding from the payer's income.

(5) The maximum amounts allowed to be withheld from any source of income shall be no more than fifty percent (50%) of the payor's gross income as outlined above in § VG (4).

(6) An employer may not discharge, refuse to employ or take disciplinary action against an employee because his or her wages have been subjected to withholding for child support.

(7) Failure to comply with this section may subject an employer to appropriate penalties as to be determined under SRMT law or custom.

(8) All other provisions of this chapter shall be followed with respect to enforcement of the order.

(d) Motion to Transfer.

(1) Any motion to transfer a proceeding from a jurisdiction shall include a (i) a certified copy of the underlying order; (ii) a statement of arrears; (iii) (if known) proof of tribal affiliation or minimum contacts with the Tribe; and (iv) a statement that the forwarding jurisdiction has complied with all of its procedures to effectuate the transfer.

(2) The Court shall issue an Order granting or denying transfer to the parties and to the SRMT- CSEU within twenty (20) days of receiving a motion to transfer.

11.03.070 Location of Parents and Assets

SRMT-CSEU is responsible for locating or attempting to locate all parents and their assets should that information be needed to establish or enforce a child support order. The SRMT-CSEU shall utilize all sources available to them to perform locate tasks.

11.03.080 Appeals

Any party to a child support action may appeal from any final Tribal Court Order under the Rules of Civil Appellate Procedure.

11.03.090 Severability

The provisions of this chapter are severable and if any part of provision shall be held void by the Saint Regis Mohawk Tribal Court, the decision of the court shall not affect or impair any of the remaining parts or provisions of this chapter.

11.03.100 Sovereign Immunity Not Waived

11.03.110 Amendment

This chapter may be amended upon the approval of such amendments by the majority of Tribal Council and upon notice to the Tribal membership.

11.03.120 Repealer

This chapter shall supersede and replace all prior Acts, or portions thereof, adopted by the Saint Regis Mohawk Tribe, as they pertain to the matters contained herein.