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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

LLOjibwe JCT6 FRC Ch. 4, § A
Section A. Definition

A decree of dissolution is the termination of the marital relationship between a husband and wife and shall restore the parties to the state of unmarried person.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § A, LLOjibwe JCT6 FRC Ch. 4, § A



LLOjibwe JCT6 FRC Ch. 4, § B
Section B. Grounds for Dissolution

A dissolution of marriage shall be granted if the Leech Lake Tribal Court determines that there has been an irretrievable breakdown of the marriage relationship.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § B, LLOjibwe JCT6 FRC Ch. 4, § B




LLOjibwe JCT6 FRC Ch. 4, § C
Section C. Filing Fee

A filing fee shall be paid to the Court administrator of the Leech Lake Tribal Court. If the party is unable to pay the filing fee the fee may be waived by a judge of the Leech Lake Tribal Court after the party requests a waiver.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § C, LLOjibwe JCT6 FRC Ch. 4, § C




LLOjibwe JCT6 FRC Ch. 4, § D
Section D. Division of Property Upon Dissolution

(1) Marital Property

If no valid antenuptial contract to the contract exists between the spouses, the marital property of the spouses is to be divided equitably upon dissolution. The Tribal Court shall take into consideration the length of the marriage; the contributions, financial and non-financial of both spouses; the standard of living to which each spouse has become accustomed; the financial needs of each spouse; and any other factors the Court deems appropriate. The Tribal Court shall not consider the misconduct of either spouse when making its determination.

(2) Non-Marital Property

If no valid antenuptial contract to the contrary exists between the spouses, the non-marital property of each spouse remains the property of the respective spouse. Separate property of a spouse may be given to the other spouse only to prevent undue hardship.

(3) Untraceable Property

If no valid antenuptial contract to the contrary exists between spouses, property which cannot be traced as separate property of one of the spouses is considered marital property for the purpose of division of property between spouses.

(4) Professional Degrees

If no valid antenuptial contract to the contrary exists between the spouses, professional degrees earned by one spouse while the other supported him or her are not marital property but the Tribal Court shall consider such contributions in its equitable distribution of the marital property.

(5) Per Capita Payments

Any per capita payment is the separate property of the person to whom they are issued. Per capita payments shall not be awarded to a spouse but they shall be considered income for the purposes of child support calculations.

(6) Pensions

If no valid antenuptial contract to the contract exists between the spouses, pension plan benefits or rights in the form of future pension plan payments;

(a) Are payable only to the extent of the amount of the pension plan benefit payable under the plan;

(b) Are not payable for a period of time that exceeds the time the pension plan benefits are payable to the pension plan benefit recipient;

(c) Are not payable in a lump sum amount from pension plan assets attributable in any fashion to a spouse with the status of active member, deferred retiree or benefit recipient of a pension plan;

(d) If the former spouse to whom the payments are being made dies prior to the end of the specified payment period with the right to any remaining payments accruing to an estate or to more than one survivor, is payable only to a trustee on behalf of the estate or the group of survivors for subsequent apportionment by the trustee; and

(e) In the case of public pension plan benefits or rights, property division may not commence until the public plan member submits a valid application for a public pension plan benefit and the benefits become payable.

(7) Modification of Property Award

All divisions of property of real and personal property provided by this Section shall be final and may be revoked or modified only where the Court finds the existence of one of the following:

(a) Mistake, inadvertence, surprise or excusable neglect;

(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the Leech Lake Band of Ojibwe Rules of Civil Procedure;

(c) Fraud, whether denominated intrinsic or extrinsic, misrepresentation or misconduct of an adverse party;

i. The judgment and decree or order is void; or

ii. The judgment has been satisfied, released or discharged or a prior judgment and decree or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have a prospective application.

A motion for modification must be made within a reasonable time and for one of the reasons stated above in subsections (a), (b) or (c) above, no more than one year after the judgment and decree is issued, or the order or proceeding was entered or taken. A motion under this subsection does not effect the finality of a judgment and decree or order or suspend its operation. This subsection does not limit the power of the Leech Lake Tribal Court to entertain an independent action to relieve a party from a judgment and decree, order or proceeding or to grant relief to a party not actually personally notified as provided in the Leech Lake Band of Ojibwe Rules of Civil procedure, or to set aside a judgment for fraud upon the Court.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § D, LLOjibwe JCT6 FRC Ch. 4, § D

 


LLOjibwe JCT6 FRC Ch. 4, § E
Section E. Maintenance

(1) When Awarded

If no valid antenuptial contract or settlement stipulation to the contrary exists between the spouses, maintenance may be awarded when the Leech Lake Tribal Court deems appropriate. There shall be no requirements under the law of the Leech Lake Band of Ojibwe that the Court award maintenance. The Tribal Court shall take into consideration the length of the marriage; the contributions, financial and non-financial of both spouses; the standard of living to which each spouse has become accustomed; the financial needs of each spouse; and any other factors the Court deems appropriate. The Tribal Court shall not consider the misconduct of either spouse when making its determination unless such misconduct involves the abuse of one spouse by the other.

(2) Modification of Maintenance Award.

(a) After an order for maintenance, the Tribal Court may from time to time, upon motion of either of the parties or upon motion of the public authority responsible for support, modify the order respecting the appropriation and payment of the principal and income of property held in trust and make an order respecting these matters which it might have made in the original proceeding, except as herein otherwise provided.

(b) The terms of a decree respecting maintenance may be modified upon a showing of one or more of the following:

i. Substantially increased or decreased earnings of a party;

ii. Substantially increased or decreased need of a party;

iii. Receipt of public assistance;

iv. A change in the cost of living for either party measured by the federal bureau of statistics;

v. Abuse by one of the parties to the dissolution committed against the other party, any of which makes the terms unreasonable and unfair.

vi. On a motion for modification of maintenance, the Tribal Court shall apply all relevant factors that exist at the time of the motion. A modification of maintenance may be made retroactively only with respect to any period during which the moving party has a pending motion for modification but only from the date of filing of service of the motion on the responding party.

(3) Termination of Maintenance. Unless otherwise agreed upon in writing or expressly provided in the decree, the obligation to pay maintenance is terminated upon the death of either party, the remarriage of the party receiving maintenance or upon a termination date ordered by the Court.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § E, LLOjibwe JCT6 FRC Ch. 4, § E

 

LLOjibwe JCT6 FRC Ch. 4, § F
Section F. Child Support

(1) Calculation of Gross Income.

(a) Subject to the exclusions and deductions in this section, gross income includes any form of periodic payment to an individual, including, but not limited to, salaries, wages, commissions, self-employment income, workers' compensation, unemployment benefits, annuity payments, military and naval retirement, pension and disability payments, spousal maintenance received under a previous order or the current proceeding, Social Security or veterans benefits provided for a joint child under section F(2) below, per capita payments and potential income. The Court shall consider any monies received as income if the Internal Revenue Service considers the amount income. Salaries, wages, commissions, or other compensation paid by third parties shall be based upon gross income before participation in an employer-sponsored benefit plan that allows an employee to pay for a benefit or expense using pretax dollars, such as flexible spending plans and health savings accounts. No deductions shall be allowed for contributions to pensions, 401K, IRA, or other retirement benefits. Gross income does not include compensation received by a party for employment in excess of a 40-hour work week, provided that: child support is ordered in an amount at least equal to the guideline amount based on gross income not excluded under this clause; and the party demonstrates, and the Court finds, that:

(i) the excess employment began after the filing of the petition for dissolution or legal separation or a petition related to custody, parenting time, or support;

(ii) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

(iii) the excess employment is voluntary and not a condition of employment;

(iv) the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and

(v) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.

(b) Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be counted as income if they reduce personal living expenses.

(c) Gross income may be calculated on either an annual or monthly basis. Weekly income shall be translated to monthly income by multiplying the weekly income by 4.33.

(d) Gross income does not include a child support payment received by a party. It is a rebuttable presumption that adoption assistance payments, guardianship assistance payments, and foster care subsidies are not gross income.

(e) Gross income does not include the income of the obligor's spouse and the obligee's spouse.

(f) Child support or spousal maintenance payments ordered by a court for a nonjoint child or former spouse or ordered payable to the other party as part of the current proceeding are deducted from other periodic payments received by a party for purposes of determining gross income. Gross income does not include public assistance benefits or other forms of public assistance based on need.

(2) Deduction from Income for Nonjoint Children.

(a) When either or both parents are legally responsible for a nonjoint child, a deduction from the child support obligation shall be calculated under this section if:

(i) the nonjoint child primarily resides in the parent's household; and

(ii) the parent is not obligated to pay basic child support for the nonjoint child to the other parent or a legal custodian of the child under an existing child support order.

(b) The Court shall use the guidelines under Section (4) below to determine the basic child support obligation for the nonjoint child or children by using the gross income of the parent for whom the deduction is being calculated and the number of nonjoint children primarily residing in the parent's household. If the number of nonjoint children to be used for the determination is greater than two, the determination must be made using the number two instead of the greater number.

(c) The deduction for nonjoint children is 50 percent of the guideline amount determined under paragraph (4) below.

(3) Determination of Support Obligation.

(a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.

(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.

(c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents.

(d) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in Section 5(b) below.

(4) Basic Support Guideline.

Unless otherwise agreed to by the parents and approved by the Court, when establishing basic support, the Court must order that basic support be divided between the parents based on their proportionate share of the parents' combined monthly parental income for determining child support (PICS). Basic support must be computed using the following guideline:

Combined Parental

Number of Children

Income for DeterminingChild Support

One

Two

Three

Four

Five

Six

$0-$799

$50

$50

$75

$75

$100

$100

800-899

80

129

149

173

201

233

900-999

90

145

167

194

226

262

1,000-1,099

116

161

186

216

251

291

1,100-1,199

145

205

237

275

320

370

1,200-1,299

177

254

294

341

396

459

1,300-1,399

212

309

356

414

480

557

1,400-1,499

251

368

425

493

573

664

1,500-1,599

292

433

500

580

673

780

1,600-1,699

337

502

580

673

781

905

1,700-1,799

385

577

666

773

897

1,040

1,800-1,899

436

657

758

880

1,021

1,183

1,900-1,999

490

742

856

994

1,152

1,336

2,000-2,099

516

832

960

1,114

1,292

1,498

2,100-2,199

528

851

981

1,139

1,320

1,531

2,200-2,299

538

867

1,000

1,160

1,346

1,561

2,300-2,399

546

881

1,016

1,179

1,367

1,586

2,400-2,499

554

893

1,029

1,195

1,385

1,608

2,500-2,599

560

903

1,040

1,208

1,400

1,625

2,600-2,699

570

920

1,060

1,230

1,426

1,655

2,700-2,799

580

936

1,078

1,251

1,450

1,683

2,800-2,899

589

950

1,094

1,270

1,472

1,707

2,900-2,999

596

963

1,109

1,287

1,492

1,730

3,000-3,099

603

975

1,122

1,302

1,509

1,749

3,100-3,199

613

991

1,141

1,324

1,535

1,779

3,200-3,299

623

1,007

1,158

1,344

1,558

1,807

3,300-3,399

636

1,021

1,175

1,363

1,581

1,833

3,400-3,499

650

1,034

1,190

1,380

1,601

1,857

3,500-3,599

664

1,047

1,204

1,397

1,621

1,880

3,600-3,699

677

1,062

1,223

1,418

1,646

1,909

3,700-3,799

691

1,077

1,240

1,439

1,670

1,937

3,800-3,899

705

1,081

1,257

1,459

1,693

1,963

3,900-3,999

719

1,104

1,273

1,478

1,715

1,988

4,000-4,099

732

1,116

1,288

1,496

1,736

2,012

4,100-4,199

746

1,132

1,305

1,516

1,759

2,039

4,200-4,299

760

1,147

1,322

1,536

1,781

2,064

4,300-4,399

774

1,161

1,338

1,554

1,802

2,088

4,400-4,499

787

1,175

1,353

1,572

1,822

2,111

4,500-4,599

801

1,184

1,368

1,589

1,841

2,133

4,600-4,699

808

1,200

1,386

1,608

1,864

2,160

4,700-4,799

814

1,215

1,402

1,627

1,887

2,186

4,800-4,899

820

1,231

1,419

1,645

1,908

2,212

4,900-4,999

825

1,246

1,435

1,663

1,930

2,236

5,000-5,099

831

1,260

1,450

1,680

1,950

2,260

5,100-5,199

837

1,275

1,468

1,701

1,975

2,289

5,200-5,299

843

1,290

1,485

1,722

1,999

2,317

5,300-5,399

849

1,304

1,502

1,743

2,022

2,345

5,400-5,499

854

1,318

1,518

1,763

2,046

2,372

5,500-5,599

860

1,331

1,535

1,782

2,068

2,398

5,600-5,699

866

1,346

1,551

1,801

2,090

2,424

5,700-5,799

873

1,357

1,568

1,819

2,111

2,449

5,800-5,899

881

1,376

1,583

1,837

2,132

2,473

5,900-5,999

888

1,390

1,599

1,855

2,152

2,497

6,000-6,099

895

1,404

1,604

1,872

2,172

2,520

6,100-6,199

902

1,419

1,631

1,892

2,195

2,546

6,200-6,299

909

1,433

1,645

1,912

2,217

2,572

6,300-6,399

916

1,448

1,664

1,932

2,239

2,597

6,400-6,499

923

1,462

1,682

1,951

2,260

2,621

6,500-6,599

930

1,476

1,697

1,970

2,282

2,646

6,600-6,699

936

1,490

1,713

1,989

2,305

2,673

6,700-6,799

943

1,505

1,730

2,009

2,328

2,700

6,800-6,899

950

1,519

1,746

2,028

2,350

2,727

6,900-6,999

957

1,533

1,762

2,047

2,379

2,747

7,000-7,099

963

1,547

1,778

2,065

2,394

2,753

7,100-7,199

970

1,561

1,795

2,085

2,417

2,758

7,200-7,299

974

1,574

1,812

2,104

2,439

2,764

7,300-7,399

980

1,587

1,828

2,123

2,462

2,769

7,400-7,499

989

1,600

1,844

2,142

2,483

2,775

7,500-7,599

998

1,613

1,860

2,160

2,505

2,781

7,600-7,699

1,006

1,628

1,877

2,180

2,528

2,803

7,700-7,799

1,015

1,643

1,894

2,199

2,550

2,833

7,800-7,899

1,023

1,658

1,911

2,218

2,572

2,864

7,900-7,999

1,032

1,673

1,928

2,237

2,594

2,894

8,000-8,099

1,040

1,688

1,944

2,256

2,616

2,925

8,100-8,199

1,048

1,703

1,960

2,274

2,637

2,955

8,200-8,299

1,056

1,717

1,976

2,293

2,658

2,985

8,300-8,399

1,064

1,731

1,992

2,311

2,679

3,016

8,400-8,499

1,072

1,746

2,008

2,328

2,700

3,046

8,500-8,599

1,080

1,760

2,023

2,346

2,720

3,077

8,600-8,699

1,092

1,780

2,047

2,374

2,752

3,107

8,700-8,799

1,105

1,801

2,071

2,401

2,784

3,138

8,800-8,899

1,118

1,822

2,094

2,429

2,816

3,168

8,900-8,999

1,130

1,842

2,118

2,456

2,848

3,199

9,000-9,099

1,143

1,863

2,142

2,484

2,880

3,223

9,100-9,199

1,156

1,884

2,166

2,512

2,912

3,243

9,200-9,299

1,168

1,904

2,190

2,539

2,944

3,263

9,300-9,399

1,181

1,925

2,213

2,567

2,976

3,284

9,400-9,499

1,194

1,946

2,237

2,594

3,008

3,304

9,500-9,599

1,207

1,967

2,261

2,622

3,031

3,324

9,600-9,699

1,219

1,987

2,285

2,650

3,050

3,345

9,700-9,799

1,232

2,008

2,309

2,677

3,069

3,365

9,800-9,899

1,245

2,029

2,332

2,705

3,087

3,385

9,900-9,999

1,257

2,049

2,356

2,732

3,106

3,406

10,000-10,099

1,270

2,070

2,380

2,760

3,125

3,426

10,100-10,199

1,283

2,091

2,404

2,788

3,144

3,446

10,200-10,299

1,295

2,111

2,428

2,815

3,162

3,467

10,300-10,399

1,308

2,132

2,451

2,843

3,181

3,487

10,400-10,499

1,321

2,153

2,475

2,870

3,200

3,507

10,500-10,599

1,334

2,174

2,499

2,898

3,218

3,528

10,600-10,699

1,346

2,194

2,523

2,921

3,237

3,548

10,700-10,799

1,359

2,215

2,547

2,938

3,256

3,568

10,800-10,899

1,372

2,236

2,570

2,955

3,274

3,589

10,900-10,999

1,384

2,256

2,594

2,972

3,293

3,609

11,000-11,099

1,397

2,277

2,618

2,989

3,312

3,629

11,100-11,199

1,410

2,294

2,642

3,006

3,331

3,649

11,200-11,299

1,422

2,306

2,666

3,023

3,349

3,667

11,300-11,399

1,435

2,319

2,689

3,040

3,366

3,686

11,400-11,499

1,448

2,331

2,713

3,055

3,383

3,705

11,500-11,599

1,461

2,344

2,735

3,071

3,400

3,723

11,600-11,699

1,473

2,356

2,748

3,087

3,417

3,742

11,700-11,799

1,486

2,367

2,762

3,102

3,435

3,761

11,800-11,899

1,499

2,378

2,775

3,116

3,452

3,780

11,900-11,999

1,511

2,389

2,788

3,131

3,469

3,798

12,000-12,099

1,524

2,401

2,801

3,146

3,485

3,817

12,100-12,199

1,537

2,412

2,814

3,160

3,501

3,836

12,200-12,299

1,549

2,423

2,828

3,175

3,517

3,854

12,300-12,399

1,562

2,434

2,841

3,190

3,534

3,871

12,400-12,499

1,575

2,445

2,854

3,205

3,550

3,889

12,500-12,599

1,588

2,456

2,867

3,219

3,566

3,907

12,600-12,699

1,600

2,467

2,880

3,234

3,582

3,924

12,700-12,799

1,613

2,478

2,894

3,249

3,598

3,942

12,800-12,899

1,626

2,489

2,907

3,264

3,615

3,960

12,900-12,999

1,638

2,500

2,920

3,278

3,631

3,977

13,000-13,099

1,651

2,512

2,933

3,293

3,647

3,995

13,100-13,199

1,664

2,523

2,946

3,308

3,663

4,012

13,200-13,299

1,676

2,534

2,960

3,322

3,679

4,030

13,300-13,399

1,689

2,545

2,973

3,337

3,696

4,048

13,400-13,499

1,702

2,556

2,986

3,352

3,712

4,065

13,500-13,599

1,715

2,567

2,999

3,367

3,728

4,083

13,600-13,699

1,727

2,578

3,012

3,381

3,744

4,100

13,700-13,799

1,740

2,589

3,026

3,396

3,760

4,118

13,800-13,899

1,753

2,600

3,039

3,411

3,777

4,136

13,900-13,999

1,765

2,611

3,052

3,425

3,793

4,153

14,000-14,099

1,778

2,623

3,065

3,440

3,809

4,171

14,100-14,199

1,791

2,634

3,078

3,455

3,825

4,189

14,200-14,299

1,803

2,645

3,092

3,470

3,841

4,206

14,300-14,399

1,816

2,656

3,105

3,484

3,858

4,224

14,400-14,499

1,829

2,667

3,118

3,499

3,874

4,239

14,500-14,599

1,842

2,678

3,131

3,514

3,889

4,253

14,600-14,699

1,854

2,689

3,144

3,529

3,902

4,268

14,700-14,799

1,864

2,700

3,158

3,541

3,916

4,282

14,800-14,899

1,872

2,711

3,170

3,553

3,929

4,297

14,900-14,999

1,879

2,722

3,181

3,565

3,942

4,311

15,000

1,883

2,727

3,186

3,571

3,949

4,319

(5) Income Cap on Determining Basic Support.

(a) The basic support obligation for parents with a combined parental income for determining child support in excess of the income limit under subsection (4) must be the same dollar amount as provided for the parties with a combined parental income for determining child support equal to the income limit under subsection (4).

(b) A court may order a basic child support obligation in a child support order in an amount that exceeds the income limit in subsection (4) if it finds that a child has a disability or other substantial, demonstrated need for the additional support and that the additional support will directly benefit the child.

(c) If a child support proceeding involves more than six children, the Court may derive a support order without specifically following the guidelines. However, the Court must consider the basic principles encompassed by the guidelines and must consider each parents' needs, resources, and circumstances.

(6) Computation of Child Support Obligations.

To determine the presumptive child support obligation of a parent, the Court shall follow the procedure set forth in this section. To determine the obligor's basic support obligation, the Court shall:

(a) Determine the gross income of each parent under Section F(1) above:

(b) Calculate the parental income for determining child support (PICS) of each parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint children under Section F(2) above;

(c) Determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS in Section F(3) above;

(d) Determine the combined basic support obligation by application of the guidelines in Section F(4) above;

(e) Determine the obligor's share of the basic support obligation by multiplying the percentage figure from clause (d) by the combined basic support obligation in clause (4); and

(f) Determine the parenting expense adjustment, if any, as provided in Section (8) below and adjust the obligor's basic support obligation accordingly. If the parenting time of the parties is presumed equal, Section (8) subdivision (c) below, applies to the calculation of the basic support obligation and a determination of which parent is the obligor.

(g) The Court shall determine the medical support obligation for each parent as provided in Section G below. Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent and are calculated and collected as described in Section G below.

(h) The Court shall determine each parent's total child support obligation by adding together each parent's basic support, child care support, and health care coverage obligations as provided in this section.

(i) If Social Security benefits or veterans' benefits are received by one parent as a representative payee for a joint child based on the other parent's eligibility, the Court shall subtract the amount of benefits from the other parent's net child support obligation, if any.

(j) The final child support order shall separately designate the amount owed for basic support, child care support, and medical support.

(k) Child's Per Capita Payment. A child's per capita payment shall not be used in calculations involving child support.

(7) Other Factors to be Considered. In addition to the child support guidelines, the Court shall take into consideration the following factors in modifying child support:

(a) All earnings, income and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor;

(b) The financial needs and resources, physical and emotional condition and educational needs of the child(ren) to be supported;

(c) The standards of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households;

(d) The amount of public benefits awarded on the basis of the presence of the child(ren) in the household;

(e) The receipt of income tax dependency deductions; and

(f) The parents' debt as provided below.

(8) Parenting Expense Adjustment.

(a) The parenting expense adjustment under this section reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including, but not limited to, food, transportation, recreation, and household expenses. Every child support order shall specify the percentage of parenting time granted to or presumed for each parent. For purposes of this section, the percentage of parenting time means the percentage of time a child is scheduled to spend with the parent during a calendar year according to a court order. Parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time. The percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent, or by using a method other than overnights if the parent has significant time periods on separate days where the child is in the parent's physical custody and under the direct care of the parent but does not stay overnight. The Court may consider the age of the child in determining whether a child is with a parent for a significant period of time.

(b) If there is not a court order awarding parenting time, the Court shall determine the child support award without consideration of the parenting expense adjustment. If a parenting time order is subsequently issued or is issued in the same proceeding, then the child support order shall include application of the parenting expense adjustment.

(c) Calculation of parenting expense adjustment. The obligor is entitled to a parenting expense adjustment calculated as provided in this subdivision. The court shall:

(i) find the adjustment percentage corresponding to the percentage of parenting time allowed to the obligor below:

 

Percentage Range ofParenting Time

AdjustmentPercentage

 

 

 

 

less than 10 percent

no adjustment

 

 

 

 

10 percent to 45 percent

12 percent

 

 

 

 

45.1 percent to 50 percent

presume parenting time is equal

(ii) multiply the adjustment percentage by the obligor's basic child support obligation to arrive at the parenting expense adjustment; and

(iii) subtract the parenting expense adjustment from the obligor's basic child support obligation. The result is the obligor's basic support obligation after parenting expense adjustment.

(d) Calculation of basic support when parenting time presumed equal. If the parenting time is equal and the parental incomes for determining child support of the parents also are equal, no basic support shall be paid unless the Court determines that the expenses for the child are not equally shared.

(e) If the parenting time is equal but the parents' parental incomes for determining child support are not equal, the parent having the greater parental income for determining child support shall be obligated for basic child support, calculated as follows:

(i) multiply the combined basic support calculated under Section F by 0.75;

(ii) prorate the amount under clause (1) between the parents based on each parent's proportionate share of the combined PICS; and

(iii) subtract the lower amount from the higher amount.

The resulting figure is the obligation after parenting expense adjustment for the parent with the greater parental income for determining child support.

(9) Debt Owed to Private Creditors. In establishing or modifying a child support obligation, the Court may consider debts owed to private creditors, but only if:

(a) The Tribal Court determines that the debt was reasonably incurred for necessary support of the child or parent or for the necessary generation of income, the Court shall consider only the amount of debt that is essential to continuing generation of income; and

(b) The party requesting a departure produces a sworn schedule of the debts with supporting documentation showing goods or services purchased, the recipient of the goods or services, the amount of the original debt, the outstanding balance, the monthly payment and the number of months until the debt will be paid in full.

(c) Any further departure below the guidelines that is based on a consideration of debts owed to private creditors shall not exceed eighteen (18) months of duration, after which the support shall increase automatically to the amount ordered by the Court.

(10) Government Debt Obligation. The Court may consider debts and obligations owed to a government.

(11) Deviation from the Guidelines. The Court may receive evidence on the above factors to determine if there should be an upward or downward departure from the guidelines.

(12) Nature of Guidelines. The above guidelines are binding in each case unless the Court makes specific findings of fact for the basis of an upward or downward departure.

(13) Modification of Child Support Award. After an order for child support, the Tribal Court may from time to time, but no sooner that one hundred eighty (180) days after the issuance of the original order, on motion of either party or of the public agency responsible for support enforcement, modify the order respecting the appropriation and payment of the principal and income of property held in trust and may make an order respecting these matters which it might have made in the original proceedings, except as herein otherwise provided. A party or public agency may also bring a motion for contempt of court if the obligor is in arrears in support or maintenance payments. The terms of a decree respecting child support may be modified upon a showing of one or more of the following:

(a) Substantially increased or decreased earnings of a party;

(b) Substantially increased or decreased need of a party;

(c) Receipt of public assistance;

(d) A change in the cost of living for either party measured by the federal bureau of statistics; any of which makes the terms unreasonable and unfair. On a motion for a modification of child support, the Tribal Court shall:

i. take into consideration the needs of the children and shall not consider the financial circumstances of each party's spouse, if any;

ii. not consider compensation received by a party for employment in excess of a forty (40) hour work week if the excess employment is voluntary and began after the entry of the existing support order;

(14) Retroactive Effect of Modification. A modification of a child support order may be made retroactive only with respect to any period during which the petitioning party has a pending motion for modification but only from the date of service of the motion upon the responding party. However, modification may be applied to an earlier period if the Court makes express findings that the party seeking modification was precluded from serving a motion by reason of a significant physical or mental disability or a material misrepresentation of another party and that the party seeking modification, when no longer precluded, promptly served the motion.

(15) Termination. Unless otherwise agreed upon in writing, with Court approval, or expressly provided in the decree, provisions for child support are terminated by emancipation of the child but not by death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked or commuted to a lump sum payment, to the extend just and appropriate.

(16) Forms. The Court shall make forms available for both obligors and persons to whom support is owed. The form shall provide detailed instructions regarding how to obtain a modification of child support for both obligors and obliges.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § F, LLOjibwe JCT6 FRC Ch. 4, § F

 

LLOjibwe JCT6 FRC Ch. 4, § G
Section G. Medical Support

Obligor to Take Necessary Steps.

(1) The parent possessing the more comprehensive medical and dental insurance available through an employer at the most reasonable cost shall name the minor child as a beneficiary on any health and dental plan that is available through an employer or other available plan.

(2) If the Tribal Court determines that no dependent health or dental insurance is available or affordable through an employer, the Court may require the obligor to obtain dependent health or dental insurance or to be financially responsible for the costs of necessary medical or dental expenses of the dependent child(ren).

(3) A copy of the Court order for insurance coverage shall be forwarded to the obligor's employer by the Court or the agency responsible for child support enforcement when ordered by the Court.

(4) A minor child that an obligor is required to cover as a beneficiary pursuant to this section is eligible for insurance coverage as a dependent child of the obligor until the child is emancipated or until further order of the Court.

(5) When an order for dependent insurance coverage is in effect and the obligor's employment is terminated, the insurer shall notify the obligee within ten (10) days of the termination date with notice of conversion rights.

(6) When an order for dependent insurance coverage is in effect the obligor's employer shall release to the obligee and the agency, upon request, information on the dependent coverage available including the name of the insurer and the policy benefits.

(7) If the obligor fails to provide medical or dental insurance for the benefit of the dependent child(ren) as ordered, the obligor shall be liable for the costs of all medical or dental expenses incurred after the date of the Tribal Court order. Failure to provide or maintain medical and dental insurance constitutes a showing of increased need by the obligee and provides a basis for a modification of the obligor's child support order.

(8) Any tribal agency responsible for support enforcement shall take steps necessary to implement and enforce an order for dependent health and dental insurance whenever the child(ren) receive public assistance or upon application for assistance by the obligee.

(9) Remedies available for collection and enforcement of child support shall also apply to medical support. For the purpose of enforcement, the costs of individual or group health insurance are additional child support obligations.

(10) The provisions regarding medical support may be modified or waived by the Court in its discretion if the parties demonstrate that the minor children are currently eligible for services through the Indian Health Service.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 4, § G, LLOjibwe JCT6 FRC Ch. 4, § G

 


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