9.08.090 Child Support
Preamble. It is the policy of the Judicial Branch of Government of the Turtle Mountain Band of Chippewa to pronounce that every parent owes a duty to his/her child to provide support. Every child has a right to support from their parent whether or not the parent is present or absent. This right to support cannot be abrogated by agreement of the parents by contract, settlement or stipulation in any court decree. Furthermore, as a matter of law, it is proclaimed to be in the best interest of children to be supported by their parents. Support payments established by the Judicial Branch of Government under this policy are deemed minimums. Payments for the support of children may exceed these standards based upon the parent's ability to pay but may not be less than those payment levels established under this policy. Actual cash payments are based upon the parent's ability to pay as determined by their net income with allowances for authorized adjustments and special consideration that the court may find appropriate. Furthermore, it is expressly understood that support payments may be further reduced by the provision of clothing, food or other item necessary for the maintenance of the child by the parent required to pay child support as provided in these under this policy.
(a) Definitions.
(1) Income: Income includes all sources available to the parent including but not limited to employment wages and salaries, commissions, fees, social security benefits, pension benefits, veterans benefits, cash value of benefits received such as free housing, free meals, unemployment benefits, insurance benefits, disability payments, life insurance benefits, income from trust funds, endowments and investments, self employment income (minus the cost of making the income), income from property such as rent (minus costs of generating the income), income tax refunds. Income of a remarried parents spouse is not income for the purpose of this section. Furthermore, the income of the custodial spouse will not be considered in any manner to reduce the obligation of support of the non-custodial parent.
(2) Adjustments: Allowable adjustments to income include the following; federal income tax withheld, social security tax, state income tax, mandatory withholdings such as unemployment insurance tax, disability insurance taxes, union dues when mandatory, taxes on equipment or property when and only when that equipment or property has been directly included in the generation of income, health insurance premiums only if the policy includes the child or children who are the subject of the support payments. All other adjustments to income such as savings or loan payments, garnishments for bad debt etc. are not allowed to reduce income.
(3) Extraordinary adjustments: Catastrophic medical expenses, major casualty loss, and costs not covered by the employer for items necessary for work. An example is the cost of tools for a mechanic in a garage.
(4) Assets: Includes all forms of property owned in whole or in part by the parent except for the parents principle residence, the residences furnishings and one vehicle if the vehicle is used to produce income. This includes property whether chattels or real. Examples include money in savings or checking accounts, trust land, tax land, vehicles, farm equipment, jewelry, business interests, loan value of insurance policies, stocks, bonds and other securities, and money or things owed by others to the parent.
(b) The child support obligation shall be derived from first determining the income of the parent minus any adjustments and Extraordinary adjustments allowable under this section. After this computation, the NET INCOME of the parent will be determined.
(c) Should income be insufficient to meet the minimum support standards of this policy, the court may look to the assets of the parent to satisfy the support obligation.
(d) Child support obligation shall be 15% of the parent's net income if support is sought for one child, nineteen percent (19%) if supporting two children, and three percent (3%) additional for each additional child. Examples include a absent parent supporting one child will be required to pay 15% of their income to support that child A parent supporting two children, 19% of their net income, three children, 22% of their net income, four children 25% of their net income, five children 28% of their net income, six children 31% of their net income, seven children 34% of their net income, eight children 35% of their net income, nine children 35% of their net income, etc. These percentages shall not be diminished due to remarriage or the parenting of other children. The above percentage may be reduced in any month in which the parent to whom child support is ordered furnishes things necessary for the child such as clothing, food or other item. This reduction, however, shall not exceed 20% of the total cash obligation of the parent. When all of the children to which support is being sought are from the same family, the maximum net income subject to child support shall be 35%. When support is sought for children from more than one family, the maximum net income subject to child support shall be 50% with all first children of each family being financially supported equally. The first child in each family will be supported at 10% of net income. This example will result in 20% of net income assessed for two children in separate families with each child supported at 10%, three children in separate families, 30% of net income with each child supported at 10% etc. For each additional child in the same family, an additional 4% of net income will be assessed for child support for that family.
