9.08.130 Collection of Child Support

(a) Purpose. It is the intent of this title of the Child Support Code to allow for the prompt collection and enforcement of child support from absent parents in a manner that is consistent with due process of law under the Tribe's constitution and the Indian Civil Rights Act, while permitting the tribal court and tribal child support agency to use all lawful methods to collect support for children.

(b) Wage Withholding.

(1) In any case where the Tribal Court has set a child support order, or has honored an order of support from a foreign jurisdiction under 28 U.S.C.1738B, the Court shall enter an order directed to the employer of the absent parent, requiring that employer to withhold and pay the amount of present support, plus any amount to be paid on arrearages, to the tribal court as payee for the custodial parent, Tribe (if the child is receiving TANF benefits or foster care benefits from the Tribe), or State (if the child is receiving TANF or foster care benefits from the State). The Tribal Judicial Board, in consultation with the Tribal Court, shall establish procedures for the disbursement of amounts collected under this section, either to the Tribal or state agency due the amounts collected. Income withholding under this section is mandatory even if the absent parent is not delinquent in paying his support.

(2) If the employer of the absent parent is the Tribe or a tribal entity, the Tribe or that entity shall be required to withhold the amount of support and pay to the Tribal Court just as any other employer is required to do, provided the income withholding order comes from the Turtle Mountain Tribal Court. The Tribe and its entities are not required to honor any wage withholding order from a foreign jurisdiction unless said order has been filed with the Tribal Court and the Tribal Court has honored that order. In no way shall this section be construed as a waiver of the Tribe's sovereign immunity from suit.

(3) The failure of any employer to comply with an order from the tribal court directing an income withholding shall subject the employer to a penalty in the amount of $100.00 for the first violation and $500.00 for every subsequent violation, except that said penalty shall not be applicable to any Tribal employer.

(4) The Tribal Judicial Board, in consultation with the Court, shall establish a uniform income withholding order which shall be utilized in any case of income withholding. That form, at a minimum, must:

(5) Be served upon both the employer and child support obligor by first class mail, at the time of the commencement of the income withholding;

(6) Notify the child support obligor of his right to request a hearing, within 1.0 days of the notice, in the tribal court if the income withholding order is in violation of tribal law, or is creating a severe hardship upon him or his existent family, If a request for hearing is filed, the Court may stay the income withholding order at its discretion pending the hearing;

(7) Notify the employer that it has seven days from the date the monies were due and payable to the obligor to pay the amount over to the Tribal Court;

(8) Permit the employer to charge a nominal amount, not to exceed $5.00 for the compliance with the income withholding order;

(9) Notify the employer and the child support obligor of the priorities for payment should the obligor be paying support for other children pursuant to a previous income withholding order from the Court;

(10) Notify the employer that it shall be subject to a fine in the amount of $500 for any employee it discharges or disciplines because of the receipt of an income withholding order from the tribal court, or for a fine in the amount of $100.00 for a first violation and $500.00 for any subsequent violation for refusal to comply with an income withholding order from the tribal court. This penalty shall not be applicable for an employee's refusal to comply with a wage withholding order from a foreign jurisdiction unless said order has been filed with the tribal court and honored by the tribal court;

(11) Notify the employer that any income withholding order for support takes precedence over any other lawful debt owed by the child support obligor, except those debts lawfully owed to the employer itself which were incurred before the income withholding order was generated.

(1) In any case where "the Tribal Court has entered a judgment for child support arrearages against a child support obligor, the Court shall forward the judgment to the appropriate state IV-D agency (State Child Support Enforcement) with a request that that receiving agency:

(2) Apply for an intercept of the child support obligor's federal or state tax refund, if applicable, in the amount identified by the tribal court as the appropriate arrearages. Said amounts intercepted shall be applied to any amounts owed the Tribal or State agency for past support of the child, and then to the amount owed the custodial parent;

(3) Apply for the intercept of any worker's compensation or unemployment compensation benefits owed the obligor in the amount identified by the tribal court. Said amounts intercepted shall be applied first to any amounts owed the Tribal or State agency for past support of the child, and then to the amount owed the custodial parent;

(4) Apply for any other collection efforts available to the receiving agency including liens against real or personal property under the jurisdiction of the receiving agency, and/or suspension of driver's or other licenses issued by the state jurisdiction;

(5) Apply for any parental locator services that can assist the custodial parent in the location of the absent parent to assure collection of child support;

(6) Apply for any financial institution data match programs that the State IV-D agency operates which would permit the development of information about any tribal child support obligor who maintains a financial institution account, including a request that the State agency impose liens upon any accounts held by the obligor and pay said amounts first to any Tribal or State agency owed monies for supporting said child and then to the custodial parent;

(7) Apply for any credit bureau reporting that the State IV-D agency operates with regard to state orders for support.

(8) In any case where the Tribal Court establishes that a child support obligor owes more than $1,000 in back child support to either the custodial parent or a tribal or state agency and after a show cause hearing establishes that the obligor has the ability to pay said support obligation and has wrongfully refused to do so, the Tribal Court may order the suspension of any license issued by the Tribe or privilege including the privilege to drive on the reservation public highways. Said license may be suspended under the following conditions:

(9) The Court shall allow the obligor to retire the child support arrearages by paying periodic payments to the Court and if the obligor complies with said order by making the first payment, he shall regain his license or licenses, subject to a further suspension if the obligor fails to make future periodic payments for no substantial reason;

(10) The obligor shall be permitted to demonstrate that the suspension of the license will cause a severe hardship upon himself or his existent family;

(11) The obligor shall be permitted to appeal any suspension of his license or licenses to the appropriate tribal appellate court during which time his license will not be suspended.