TITLE 10. FAMILY SUPPORT ORDINANCE

Chapter 1 - Preliminary Provisions

Section

101 Inherent Tribal Authority.

102 Name of Ordinance.

103 Controlling Law.

104 Purpose and Construction.

105 Prior Inconsistent Resolutions and Ordinances Repealed.

106 Amendment of Ordinance.

107 Judges Appointed under this Ordinance.

Chapter 2 - General

Section

201 Definitions.

Chapter 3 - Jurisdiction

Section

301 Jurisdiction; Tribal Policy.

302 Territorial Jurisdiction.

303 Personal Jurisdiction.

304 Jurisdiction over Property.

305 General Subject Matter Jurisdiction.

306 Exclusive Original Jurisdiction.

307 Full Faith and Credit for Child Support Orders.

Chapter 4 - Civil Procedure

Section

401 Service of Process.

402 Legal Actions in the Courts.

403 Trial to the Courts.

404 Attorney Fees and other Court Costs.

405 Appeals.

Chapter 5 - Paternity

Section

501 Relationship Established.

502 Artificial Insemination.

503 Rebuttable Presumptions.

504 Commencement of a Paternity Proceeding.

505 Procedures in the Best Interests of the Child.

506 Genetic Testing.

507 Voluntary Acknowledgment of Paternity.

Chapter 6 - Support Obligations

Section

601 Child support guidelines.

602 Modification of Support Obligations.

Chapter 7 - Enforcement of Support Obligations

Section

701 Enforcement Required.

702 Income Withholding.

703 Other Enforcement Techniques.

704 Civil Sanctions.

Chapter 8 - Miscellaneous Provisions

Section

801 Safeguarding and Confidentiality.

802 Employer Compliance.

CHAPTER 1: PRELIMINARY PROVISIONS

Section 101 - Inherent Tribal Authority. The power to legislate for the administration of justice for an Indian tribe extends back to time immemorial if not limited by Congress or itself. This exercise of inherent tribal sovereignty provides the basis upon which this Code is enacted. It is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can be reasonably avoided.

Section 102 - Name of Ordinance. This ordinance shall be known as the Northern Arapaho Family Support Ordinance and shall be referred to as the Northern Arapaho Family Support Ordinance and abbreviated as NAFSO. Citation to this Ordinance shall be by Title 10 of the Northern Arapaho Code (N.A.C.) and section.

Section 103 - Controlling Law.

(a) Law and Order Code. Unless otherwise provided for in this Ordinance, the Shoshone and Arapaho Tribes of the Wind River Indian Reservation Law and Order Code (S&A LOC), Title II, Rules of Civil Procedure, shall apply to all actions filed pursuant to the Northern Arapaho Family Support Ordinance.

(b) Conflict between Code and Ordinance. If a conflict in the NAFSO and the S&A LOC occurs under this Ordinance, the Courts shall resolve the conflict in favor of the provisions of the Northern Arapaho NAFSO, unless such resolution would be contrary to the general principles of fairness and justice as prescribed and interpreted by the Courts.

(c) Current Law. At all times the Courts shall abide by the current, approved Northern Arapaho Child Support Program (NACSP) Guidelines and give appropriate deference to the Policies and Procedures of the NACSP.

Section 104 - Purpose and Construction.

(a) Child Welfare. The children and families of the Northern Arapaho Tribe are the Tribe's most important resource and their welfare is of paramount importance to the Tribe. The Northern Arapaho Tribe has a vested interest in ensuring that tribal children receive emotional and financial support from their parents while also respecting the traditional values and customs of the Tribe and its community.

(b) Liberal Application. The rights and remedies under this Ordinance shall be applied liberally for the benefit of the child to the maximum extent permitted by law.

(c) Code Enactment. The Northern Arapaho Tribe acknowledges that, ultimately, a joint family support ordinance of both Tribes may be approved, and may supersede this Ordinance in whole or in part. In the interim, however, the Northern Arapaho Tribe has determined that, in the best interests of families and children, it must enact this Northern Arapaho Family Support Ordinance and establish a Northern Arapaho child support program.

(d) No Waiver of Sovereign Immunity. Except as otherwise expressly provided herein, nothing in this Northern Arapaho Family Support Ordinance shall be construed as a waiver of sovereign immunity.

Section 105 - Prior Inconsistent Resolutions and Ordinances Repealed.

(a) Repeal of Conflicting Resolutions. Any and all resolutions and ordinances of the Business Council of the Northern Arapaho Tribe, which conflict in any way with the provisions of this Northern Arapaho Family Support Ordinance are hereby repealed to the extent that they are inconsistent with or conflict with, or are contrary to the spirit or purpose of this Northern Arapaho Family Support Ordinance. Those which do not conflict will remain in effect.

(b) Conflicts. In event that this Northern Arapaho Family Support Ordinance conflicts with the Law and Order Code of the Shoshone and Arapaho Tribes (S&A LOC), the provisions of this Northern Arapaho Family Support Ordinance shall supersede.

Section 106 - Amendment of Ordinance.

(a) Amendment by Business Council. This Northern Arapaho Family Support Ordinance may be amended by the Northern Arapaho Tribal Business Council and amendments shall be made a part hereof for all purposes and shall be certified and incorporated herein in a manner consistent with the numbering and organization hereof.

(b) Resolution Required. No amendment shall be effective until adopted by resolution of the Northern Arapaho Business Council.

(c) Review of Ordinance and Recommendations. The Program shall review and revise this Ordinance every four years, and make recommendations as necessary for the amendment of this Ordinance. The Program may issue written directives regarding such matters on an emergency or temporary basis pending review and consideration by the Business Council.

Section 107 - Judges Appointed under this Ordinance.

(a) S&A LOC Applies to Judge Acting Under FSO. The Shoshone and Arapaho Tribal Courts' Judge, who is assigned to hear cases under this Ordinance, shall be subject to the rules of the S&A LOC that are applicable to a Judge, including position qualifications, performance expectations, and conflict of interest.

(b) Funding provided by the Child Support Program. The NACSP shall be responsible for providing the necessary equipment, salary, supplies, and training for the Judge appointed to hear cases under this Ordinance.

Section 108 - Establishment of Child Support Enforcement Program.

(a) Designation of Child Support Program. The Northern Arapaho Tribe shall designate a program that shall have the authority and responsibilities set forth in this Ordinance to implement the requirements of 45 CFR 309.

(b) Grievance Process Required. The Policies and Procedures of the Program shall include a grievance process by which persons aggrieved by a Program decision may seek review and final determinations shall be made by the Social Service Department, which are final and subject to no further appeal.

CHAPTER 2:GENERAL

Section 201 - Definitions.

(a) Acknowledgment. "Acknowledgment" of paternity shall mean a voluntary completion of a tribal or state form by an alleged father.

(b) Courts. "Courts" shall mean the Tribal Courts of the Shoshone and Arapaho Tribes of the Wind River Reservation.

(c) Due diligence. "Due diligence" means that the NACSP has followed the civil procedures as set out in the S&A LOC and this Ordinance and has attempted personal service on at least three (3) occasions, and sent legal documents by certified and personal mail to the respondent's last known address and place of employment.

(d) Guidelines. "Guidelines" means the current and approved document that the Northern Arapaho Child Support Program maintains, reviews and modifies, and that is implemented in compliance with Federal regulation requirements of 45 CFR 309 and the laws of the Northern Arapaho Tribe.

(e) Informed consent. "Informed consent" means that the

father was informed in advance that his acknowledgment of paternity would create a legally binding parent-child relationship, or may be use as evidence of his voluntary acknowledgment of paternity, for all purposes and with all attendant consequences, including a duty to provide financial support for the child.

(f) Legal custodian. "Legal custodian" means a person other than a parent who is by law responsible for a child, which may include a court appointed guardian, privately hired attorney, foster or family placement or state or tribal social service representative.

(g) NACSP. "NACSP" means the Northern Arapaho Child Support Program that has been designated by the Tribe to administer the IV-D program.

(h) Parent. "Parent" means a biological or adopted parent or legal custodian, or an interested family member of the minor child who has custody and provides primary care for a child.

(I) S&A LOC. "S&A LOC" shall mean the Shoshone and Arapaho Law and Order Code.

(j) Tribe. "Tribe" means the Northern Arapaho Tribe of the Wind River Reservation, its authorized officials, agents and representatives.

(k) Construction. Use herein of the masculine or feminine gender includes either or both genders and use of a singular or plural term includes either.

CHAPTER 3: JURISDICTION

Section 301 - Jurisdiction; Tribal Policy.

(a) Declaration of Policy. It is hereby declared as a matter of tribal policy and legislative determination that the public and tribal interests demand that the Tribe provide all individuals subject to the jurisdiction of the Tribe with an effective means of redress for establishment of paternity, and establishment, modification, and enforcement of child support obligations.

(b) Purpose of Jurisdictional Provisions. The jurisdictional provisions of this Northern Arapaho Family Support Ordinance are to insure maximum protection for the Tribe, its members, and other residents of the reservation, and shall be applied equally to all persons.

(c) Availability of NACSP services. Any person, whether or not subject to the jurisdiction of the Tribe, may request relief from the Courts or services from NACSP.

Section 302 - Territorial Jurisdiction.

(a) Jurisdiction within Exterior Boundaries. The jurisdiction of the Tribal Courts of the Shoshone and Arapaho Tribes shall extend to the territory within the Wind River Indian Reservation and to such other lands without such boundaries as may have been or may hereafter be added to the Reservation or held in trust for the tribes under any law of the United States or otherwise.

(b) Extended Jurisdiction. The jurisdiction of the Tribal Courts of the Shoshone and Arapaho Tribes shall extend beyond the territorial limitation set forth above, to effectuate the jurisdictional provisions set forth below, to the greatest extent permissible by law.

Section 303 - Personal Jurisdiction.

(a) “Person” used Inclusively. As used in these jurisdictional provisions the word "person" shall include any individual, firm, company, association, corporation or tribe.

(b) Scope of Personal Jurisdiction. The Tribal Courts of the Shoshone and Arapaho Tribes shall have personal jurisdiction over the following persons:

(1) Any person residing, located or present within the reservation for any civil cause of action;

(2) Any person who transacts, conducts, or performs any business or activity within the reservation, either in person or by an agent or representative, for any civil cause of action;

(3) Any person who owns, uses or possesses any property within the reservation for any civil cause of action;

(4) Any person who commits tortuous conduct within the reservation, either in person or by an agent or representative, for any civil cause of action arising from such act, conduct or omission; and

(5) Any enrolled or non-enrolled member of any indigenous Indian tribe who commits a criminal offense prohibited by this Code or other law of the tribes by his or her conduct or the conduct of another for which they are legally accountable, if:

(A) the conduct occurs either wholly or partly within the reservation;

(B) the conduct which occurs outside the reservation constitutes an attempt, solicitation, or conspiracy to commit an offense within the reservation, and an act in furtherance of the attempt or conspiracy occurs within the reservation; or

(C) the conduct which occurs within the reservation constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited by this Code, tribal law or such other jurisdiction.

(c) Jurisdiction May Rest on than One Provision. None of the foregoing bases of jurisdiction is exclusive, and jurisdiction over a person may be established upon any one or more of them as applicable.

Section 304 - Jurisdiction over Property.

(a) Real and Personal Property. Subject to any contrary provisions, exceptions, or limitations contained in either federal laws or the S&A LOC, the Courts of the Shoshone and Arapaho Tribes shall have jurisdiction over any real or personal property located on the reservation.

(b) Property Available for Satisfaction of Child Support Obligation. The Courts of the Shoshone and Arapaho Tribes shall determine the ownership thereof, or rights therein, and to determine the application of such property to the satisfaction of a child support obligation for which the owner of the property may be liable.

Section 305 - General Subject Matter Jurisdiction. Subject to any contrary exceptions or limitations contained in either federal or applicable tribal law, the Shoshone and Arapaho Tribal Courts shall have general subject matter jurisdiction over all actions for paternity establishment, and the establishment, modification, and enforcement of child support obligations to the maximum extent allowed by law.

Section 306 - Exclusive Original Jurisdiction. The

Shoshone and Arapaho Tribal Courts shall have exclusive

original jurisdiction for the establishment of paternity,

and the establishment, modification and enforcement of

child support obligations.

Section 307 - Full Faith and Credit for Child Support Orders.

(a) Valid Child Support Orders. The Shoshone and Arapaho Tribal Courts shall recognize and provide full faith and credit to valid child support orders, including income withholding orders, from a state or another tribe pursuant to the Federal Full Faith and Credit for Child Support Orders Act (FFCCSOA), 28 U.S.C. 1738B.

(b) Recognition of Foreign Orders by Private Petition. Any person may seek recognition of a foreign order of support by filing a Petition for Recognition of Foreign Judgment pursuant to the process of Title I, Chapter 9 of the S&A LOC.

(c) NACSP to Provide Assistance with Recognition of Foreign Orders. Any person may seek recognition of a foreign order of support by submitting a request for assistance to the Northern Arapaho Child Support Program.

(d) Enforcement of Foreign Orders. A foreign order recognized by the Shoshone and Arapaho Tribal Courts shall be enforced in accordance with the provisions of this Ordinance and the NACSP Guidelines.

CHAPTER 4: CIVIL PROCEDURE

Section 401 - Service of Process.

(a) Service by Publication. In addition to the process of service required by the S&A LOC, service by publication shall be made when, after due diligence, the NACSP has insufficient information for personal service or it is believed that a party is avoiding service.

(b) Publication Requirements. The NACSP shall publish the contents of the Summons in one or more local newspapers of general circulation once per week for four (4) weeks and leaving an extra copy of the Summons and Complaint with the Courts and the NACSP for the party.

(c) Limitations on Service by Mail. All papers required to be filed may be served by certified or registered mail, except a Summons and Complaint or an Order to Show Cause.

Section 402 - Legal Actions in the Courts.

(a) NACSP as Representative of Tribe. The NACSP shall prosecute paternity and child support actions as the representative of the Tribe on behalf of the best interest of the child and include the child's name and date of birth on the heading of its pleadings.

(b) Pleadings Format. Original pleadings shall name the party that applied for services from NACSP as the petitioner and the other parent or guardian as the respondent.

(c) Guardian ad Litem. The Courts may appoint a Guardian Ad Litem for a minor child but NACSP shall not be responsible to pay the fees for a Guardian Ad Litem for a minor child in a paternity or child support action.

Section 403 - Trial to the Courts. In any action brought by the NACSP in which a party makes a request for a trial, the trial shall be to the Courts.

Section 404 - Attorney Fees and other Court Costs.

(a) NACSP not Required to Pay Attorney Fees. At no time shall the Courts order NACSP to pay attorney fees.

(b) Filing Fees. The Courts may charge a filing fee on cases brought by NACSP provided there is a payment agreement between the Courts and NACSP.

Section 405 - Appeals. An appeal of a decision under the NAFSO shall be made to the Shoshone and Arapaho Tribal Courts of Appeals pursuant to the current S&A LOC appeal procedures and requirements.

CHAPTER 5: PATERNITY

Section 501 - Relationship Established. The parent and child relationship may be established between a child and:

(a) The Mother of a Child. The natural mother by proof of her having given birth to the child; or

(b) The Natural Father. The natural father through traditional practices recognized by the Tribe, voluntary acknowledgment by a state or tribal process, a stipulation and order, or order of the Courts establishing the parent and child relationship; or

(c) An Adoptive Parent. An adoptive parent by proof of adoption.

Section 502 - Artificial Insemination.

(a) Husband as Natural Father. If, under the supervision of a licensed physician and with the informed consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated as if he were the natural father of a child thereby conceived; provided:

(1) The husband's consent shall be in writing and signed by him and his wife; and

(2) The physician shall certify their signatures and the date of the insemination and file the husband's consent with the state office of vital records and services:

(A) The physician's failure to do so does not affect the father and child relationship.

(B) All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the Courts for good cause shown.

(b) Donor not to be Treated as the Natural Father. The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor's wife is treated as if he were not the natural father of a child thereby conceived.

Section 503 - Rebuttable Presumptions.

(a) Marital Presumption. A man is presumed to be the natural father of a child if he and the natural mother were married at the time of the child's birth or if the child was born within three hundred (300) days after the marriage was terminated.

(1) Any action to challenge a marital presumption must be filed within two (2) years of the date of the child's birth, unless good cause is established for a challenge filed more than two (2) years after the date of the child's birth.

(2) If paternity has been established pursuant to the laws of the Tribe, another tribe or a state, and due process has been provided, the NACSP is prohibited from providing IV-D paternity services. The person contesting paternity under this presumption may obtain genetic testing through alternative means at their own expense.

(b) Application of Genetic Test Results. There is a rebuttable presumption that an alleged father is the biological father in any case where the genetic test results indicate a statistical probability of paternity of 99 percent or more.

(c) Presumptions. A presumption under this Chapter may be rebutted in an appropriate action only by clear and convincing evidence. If two (2) or more presumptions arise, which conflict with each other, the presumption, which on the facts is founded on the weightier considerations of policy and logic controls.

(d) Effect of Paternity Establishment under this Ordinance

upon Tribal Membership. The Northern Arapaho Tribe, when identifying or defining family or extended family pursuant to Tribal tradition and customs, or how it defines its membership, need not rely upon a determination of paternity under this Ordinance.

Section 504 - Commencement of a Paternity Proceeding.

(a) Persons Who May Commence a Proceeding. Any parent, legal custodian, interested family member of the minor child who has custody of the child, or the NACSP may commence a proceeding authorized under this Ordinance.

(b) Minor Parents. When a mother or a potential father is a minor, the minor's parent, a legal custodian, or interested family member of the minor child who has custody of the child may take action or apply for IV-D services on behalf of the minor child.

(c) Limitations on Commencement of Action. An action to establish paternity must be filed on or before the date on which the child reaches the age of eighteen (18), except as provided by subsection (d) of this Section.

(d) Extension of Time for Minor Child. A child, for whom paternity has not been determined, may bring an action on their own behalf within 3 years of turning 18.

(e) Use of Court Forms. The NACSP shall use the Courts' approved forms, petitions, and summons when commencing a paternity action.

Section 505 - Procedures in the Best Interests of the Child.

(a) Closed Hearings. A hearing involving the paternity of a child shall be closed to the public.

(b) Expedited Determination. When a child that may be eligible for enrollment with the Tribe is or may become involved in an action under the Indian Child Welfare Act or adoption proceeding, the Tribe shall make an expedited determination of paternity pursuant to NACSP Policy and Procedure.

(c) NACSP not required to Bring Paternity Action in

Certain Cases. In cases of incest or rape, and upon a determination by the Courts that it is not in the best interest of the parties to determine paternity, the NACSP shall not be required to determine paternity.

Section 506 - Genetic Testing.

(a) Provision of Genetic Testing. When paternity is contested by either party, whether married or unmarried, the Tribe, through NACSP, shall provide for genetic testing, unless otherwise barred in this Ordinance. If both parties voluntarily request genetic testing, the NACSP shall provide genetic testing.

(b) Contents of Petition to Establish Paternity. A contested paternity determination shall be based upon a sworn statement that sets forth:

(1) A reasonable possibility of the requisite sexual contact between the parties; or

(2) A reasonable possibility of the nonexistence of the requisite sexual contact between the parties.

(c) Use of Accredited Laboratory Required. When paternity is determined by genetic testing, NACSP, or any individual party, must utilize an accredited genetic testing laboratory that provides for a genetic testing process that is medically and legally acceptable pursuant to NACSP Policy and Procedures.

(d) Objection to Testing Results. A party that contests a paternity presumption based on genetic testing results shall have an affirmative duty to present good cause for requesting a second set of genetic testing.

(1) The contesting party must pay for a second set of tests within in 60 days of the Courts' order and failure to do so may result in a default judgment.

(2) The contesting party may choose another accredited genetic testing laboratory at their own expense.

Section 507 - Voluntary Acknowledgment of Paternity.

(a) Notice of Right to Acknowledge Paternity and of the

Effects of Acknowledgment. All correspondence, notices, and legal documents from the NACSP that address the need for a determination of paternity, shall inform the alleged father of his right to voluntarily acknowledge his paternity, his right to request genetic testing, his right to participate in the child's life as the father, the obligation for child support and the possible penalties for non-payment of support.

(b) Standards for Voluntary Acknowledgment. A voluntary acknowledgment of paternity may be in the form of an NACSP approved form filed with NACSP or the Courts, any state's vital record form, or any tribes' equivalent form provided:

(1) Due process has been provided pursuant to the laws of the jurisdiction; and

(2) The time to appeal the voluntary acknowledgment has expired.

(c) Tribal Custom. A tribal tradition or practice that involves the acknowledgment and welcoming of a child into a family may be considered when determining paternity.

CHAPTER 6: SUPPORT OBLIGATIONS

Section 601 - Child Support Guidelines.

(a) Guidelines to be Maintained by NACSP. On behalf of the Northern Arapaho Tribe, the Northern Arapaho Child Support Program shall maintain one set of Guidelines that shall be uniformly and consistently applied under the Northern Arapaho Family Support Ordinance in all cases.

(1) The NACSP shall review the Guidelines, at a minimum, once every four (4) years to ensure they reflect the values of the Tribe, the social and economic realties of tribal members, and are in compliance with the regulation requirements of 45 CFR 309.

(2) The NACSP Guidelines shall take into account the needs of the child and the earnings and income of a parent who has the responsibility to make payment of financial support.

(3) The NACSP Guidelines shall be based on specific, descriptive, and numeric criteria that result in a computation of a support determination.

(4) The Program may issue written directives regarding the Guidelines on an emergency or temporary basis pending review and approval by the Business Council.

(b) In-Kind Support Recognized. The Northern Arapaho Tribe recognizes the value of in-kind contributions to the support of children and may enter in-kind support obligations pursuant to the NACSP Child Support Guidelines.

(1) An in-kind support obligation must also include the equivalent dollar amount that would be paid, but for the in-kind order.

(2) An in-kind support obligation may not be used to satisfy obligations due to another tribe or a state and may only be used to satisfy custodial arrears with the consent of the custodial parent to whom the arrears are due.

(c) Rebuttable Presumption in Favor of Guidelines. There shall be a rebuttable presumption that the application of NACSP Guidelines is the correct and appropriate amount of support to be ordered and if the Courts make a different finding, it must:

(1) Identify the specific criteria relied upon to deviate from the application of the NACSP Guidelines; and

(2) Include the reasons and justification for deviating from the NACSP Guidelines that would make the application unjust or inappropriate; and

(3) Indicate that the needs of the child were taken into consideration; and

(4) Make a written finding on the record of what the required and appropriate support amount would have been and the amount of support ordered.

(d) Deviation from Guidelines. The Courts may deviate from the Child Support Guidelines on a showing of good cause, including but not limited to, the following:

(1) The party is under a custody order based on the Indian Child Welfare Act or through the Northern Arapaho Child Protection Services and actively working on his or hers case plan; or

(2) Both parties have entered into a written stipulation that deviates from the Child Support Guidelines and the Courts finds the needs of the child are met; or

(3) There are extraordinary needs of the parent required to pay support for a child or the child.

(4) Evidence including, but not limited to, one or more of the following factors:

(A) the financial resources of the parent required to pay support and child; or

(B) the standard of living the child would have enjoyed had a marriage not been dissolved; or

(D) substantial contributions toward the emotional welfare and care of a child from the extended family.

(e) Extended Family Contributions. Contributions from the extended family of a party that has a support obligation may be allowed provided they are in satisfaction are taken into consideration when the support obligation is determined and such payments or contributions must be made through the NACSP.

(f) Hierarchy of Payments. When ordering payment of support obligations, the Courts and NACSP shall comply with the hierarchy of payments as set out in 45 CFR 309.115.

Section 602 - Modification of Support Obligations.

(a) Review Hearing Notice. The NACSP shall provide notice of the right to a review hearing for NACSP clients
every thirty (30) months. If both parties decline the opportunity, no hearing will be required.

(b) Change of Circumstances. Any party may request a modification based upon a substantial change in circumstances as defined in the NACSP Guidelines.

(c) Tribal Traditions. When making, establishing or modifying a child support obligation, the Courts may take into consideration tribal traditions and customs.

CHAPTER 7: ENFORCEMENT OF SUPPORT OBLIGATIONS

Section 701 - Enforcement Required.

(a) Enforcement of Support Orders. Support obligations ordered pursuant to the NAFSO or foreign orders of support that have been given full faith and credit shall be enforced when a party who is required to pay support fails to do so in a timely and consistent manner.

(b) Persons subject to enforcement Processes. All persons or entities that are subject to the jurisdiction of the Tribe shall also be subject to the enforcement processes set out in this Ordinance and the NACSPGuidelines.

Section 702 - Income Withholding.

(a) Mandatory Income Withholding. The income of a party who is required to pay support shall be subject to immediate income withholding but no later than the date on which the payments which the party who is required to pay support has failed to make payments that are at least equivalent to the support payable for one month, unless:

(1) Either party demonstrates and the Courts enter a finding that there is good cause not to require mandatory income withholding; or

(2) There is a stipulation between the parties that provides for an alternative arrangement and the Courts have signed an order reflecting the terms and directives of a stipulation.

(b) Grounds for Contesting Order. The only basis for contesting an income withholding order is an error in the amount that is ordered to be withheld or mistake in the identity of the person against whom the income withholding order is issued.

(c) Arrearages. In addition to an amount sufficient to pay current support, the Court shall order an amount to be paid to liquidate custodial arrears and may order an amount to be paid to liquidate TANF arrears due to a Tribe or State, unless waived by the applicable State or Tribal agency.

(d) Limits on Withholding. At no time shall the amount withheld from a parent who is responsible to pay support exceed the limits set out in the Consumer Credit Protection Act, although the Courts may set lower amounts.

(e) Notice. Notice of income withholding must be sent by using the standard federal Income Withholding form, as required by 45 CFR 309.110(l).

Section 703 - Other Enforcement Techniques. The Courts may order any person, who has been found to have failed to comply with an order of the Courts, to comply with any of the following enforcement measures:

(a) Obtain services that address employment and training issues; or

(b) Obtain services that address social and mental health issues or

(d) Obtain services that address family issues; or

(e) Obtain services that address the health and welfare of a child; or

(f) Participate in cultural or traditional guidance.

Section 704 - Civil Sanctions. The remedies and sanctions provided in the NAFSO are in addition to the contempt powers provided in S&A LOC, Title 1, Chapter 4.

CHAPTER 8: MISCELLANEOUS PROVISIONS

Section 801 - Safeguarding and Confidentiality.

(a) Domestic Violence. The Courts and NACSP shall be prohibited from releasing information on the whereabouts of any party when a protective order is in place or domestic violence is suspected.

(b) Release of Information Prohibited. The Courts and NACSP shall be prohibited from disclosing information maintained in NACSP files except to other IV-D programs, IV-A programs, and Medicaid, and may only release information that is necessary for the administration of those programs.

Section 802 - Employer Compliance.

(a) Application of Enforcement Actions to Employers. All employers who are subject to the jurisdiction of the Northern Arapaho Tribe including the Tribe itself and its programs, departments, agencies or other entities shall:

(1) Honor income withholding orders from the Shoshone and Northern Arapaho Courts or Notices from NACSP and withhold the amount required and if they fail to do so, the employer shall be liable for the accumulated amount that should have been withheld.

(2) Be prohibited from refusing to hire, discharging an employee, or taking disciplinary action against employee based upon income withholding.

(b) Violation of Enforcement Order. Any person who violates this section shall be subject to the following sanctions:

(1) A written warning and participation in appropriate training; or

(2) Suspension from employment, not to exceed 3 days per incident; or

(3) A fine, not to exceed $500.00 per incident.

(c) Limited Waiver of Sovereign Immunity. For purposes of the enforcement of preceding sections (a) and (b) only, the Northern Arapaho Tribe, through this Ordinance, provides a limited waiver of sovereign immunity only for actions brought by the Tribe’s authorized child support program in the Courts.

History: 2007. Title 10. The Northern Arapaho Family Support Ordinance was enacted by the Northern Arapaho Tribe by resolution of the Northern Arapaho Business Council dated October 12, 2007, Resolution No. 2007-9836; technical amendment, May 13, 2008, Resolution No. 2008-9966.