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Hopi Indian Tribe, Law and Order Code

Last updated: 1991

HOPI PARENTAL RESPONSIBILITY ORDINANCE

Section 1 - Short Title

This Ordinance shall be known as the Hopi Parental Responsibility Ordinance.

Section 2 - Statement of Policy.

A. It is the public policy of the Hopi Tribe to support the rights of children. Children represent a continuation of the Hopi way of life and of future generations. They must be loved and receive care. Parents and relations have a responsibility to contribute to the nourishment and support of then children. Parents must also establish the parentage of their children for tribal enrollment and for identity in family and clan relations.

B. Both parents have an obligation towards their children that includes much more than financial support; it includes time and attention as well as guidance and the teaching of Hopi values. While it is the policy of the Hopi Tribe to support these non-financial elements of parenthood, nothing in this Ordinance makes them mandatory.

C. Children shall be maintained as completely as possible from the resources of their parents. This Ordinance establishes a judicial process for the establishment of parentage; the establishment, modification and enforcement of child support obligations; and adds remedies to those already existing for child support enforcement. It also provides for a uniform schedule of child support payments to make awards more fair and to provide parties and judges with guidance in determining child support. This Ordinance shall be liberally construed to effectuate the policies stated herein.


Section 3 - Definitions

For purposes of this Ordinance:

  1. "Absent Parent" or "Non-custodial Parent" means a parent of a child or children, whether born during the course of marriage or outside of marriage, who is not the parent with primary physical custody or any person who otherwise has a legal obligation to provide support for that child or children.
  2. "Basic Visitation" means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time;
  3. "Child" means any person under the age of 18 or is over 18 and is enrolled full time in high school or a General Equivalency Diploma program, and is not otherwise emancipated, self-supporting, married, or an active member of the armed forces; or a person who is over the age of 18 and for whom equity demands continued child support as specified s in Section 14 of this Ordinance.
  4. Unless otherwise specified, "Child Support" as used in this Ordinance means the financial obligation a parent has towards his or her child or children, whether such obligation is established through judicial or administrative process, by stipulation of the absent parent, or by parentage of any child or children. The financial obligation of a parent shall be met through the payment of monies and/or through the provision of other goods and/or services, as ordered by the Court or agreed by the parties. Where goods and services are used to meet a child support obligation, the Court shall determine their reasonable monetary value and deduct this amount from the child support obligation determined by the guidelines. The cost of non-necessary gifts which are not agreed upon by the parents shall not be subtracted from a child support obligation.
  5. "Custodial Parent" means the person who exercises physical custody of the child or children on the basis of agreement between the parents, village decree or court order, or the absence of one parent. Unless otherwise provided by law, a guardian with physical custody of the child or children and standing in the position of the parent shall have the same rights to child support as a custodial parent.
  6. "Employer" includes all persons or entities who agree to compensate another person for services performed at that person or entity's request.
  7. "Garnishment" is the process whereby a court order is directed to an employer, bank, or agent holding monies or property of an absent parent, to make payments or deliver property to satisfy a child support obligation in accordance with the order.
  8. "Gross Income" includes income from any source and includes, but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends or other corporate distributions, severance pay, pensions, interest, trust income, annuities, capital gains, income from sales of Indian arts and crafts, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:
    1. "Gross Income" shall not include benefits received from means-tested public assistance programs (such as TANF, SSI, and Food Stamps) or child support received by a parent for the support of other children;
    2. Income from self-employment, rent, royalties, or proprietorship of a business means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support;
    3. Income from ownership in a partnership means the partner's share of gross receipts less ordinary and necessary expenses required to produce such gross receipts, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support.
    4. For seasonal or fluctuating income, gross monthly income shall be calculated by taking the annual income of the preceding year and dividing by twelve, unless the Court finds another method is more reasonable;
    5. Alimony actually paid in compliance with a court order shall be deducted from gross income;
    6. Child support actually paid by a parent for earlier born children who are not in that parent's custody shall be deducted from gross income; and
    7. A reasonable amount for a parent's obligation to support earlier-born children who are in that parent's custody shall be deducted from gross income. The duty to support subsequent children, however, shall not ordinarily justify reducing support owed to children of the parties, but may, if appropriate, act as a defense to subsequent petitions to increase support.
    8. The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after marriage.
  1. "Hopi" fully includes members or traditions of the Hopi Tewa of Arizona.
  2. "Hopi Child Support Registry" means the entity of the Hopi Tribal Courts that receives, distributes, and maintains records of child support payments.
  3. "Income" is defined as actual gross income of a parent if employed to full capacity, or potential income if unemployed or underemployed. The potential income of a parent will not be used in the calculation of child support unless a preponderance of evidence shows that the parent has a greater potential than actual income. The Court may choose not to make a finding of greater potential than actual income for a primary custodial parent actively caring for a child who is under the age of six or disabled. If potential income is used for the purpose of calculation of child support for the custodial parent, a reasonable child care expense should also be assumed;
  4. "Income Tax Refund Interception" is a remedy whereby any income tax refund of an absent parent shall be intercepted directly from the United States, any state, Hopi Tribe, or other Indian Nation for the payment of public and/or support debt.
  5. "Marriage" is an institution according to any practice recognized under Hopi law, including marriage according custom and tradition where sufficient evidence of such marriage is presented to the Hopi courts.
  6. "Obligor" shall mean the person with an obligation to pay child support.
  7. "Obligee" shall mean the person or agency with the right to receive child support.
  8. "Payor" shall mean a person or other entity with a present, legal obligation, whether as an employer, buyer of goods, debtor, pension fund, or otherwise, to pay an obligor. Persons whose obligation to pay is conditional may not be required to pay the amount to a child support obligee until the obligation is no longer conditional. Persons whose obligation is not a legal but a moral obligation are not payors for purposes of this Ordinance.
  9. "Parent" means the biological or adoptive mother or father of a child.
  10. "Parentage" means the condition of being the biological or adoptive mother or father of any child or children. The term includes both the paternity and maternity of any child or children.
  11. "Primary Physical Custody" means physical custody of a child or children 65 percent or more of the time.
  12. "Public Assignment of Child Support Rights" means the assignment of child support rights, including the right to establish or enforce child support or parentage, by the custodial parent to the Hopi Tribe or any state or federal agency. Such assignment may be in connection with the payment of benefits under the federal Temporary Aid to Needy Families (TANF) to or for the benefit of any child or children by the Hopi Tribe, or any state or federal agency, as a consequence of the failure of an absent parent to provide child support.
  13. "Shared Responsibility" means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.
  14. "Support enforcement agency" means a Hopi Tribal, federal, state official or agency authorized to engage in any of the following activities:
    1. Enforcement of support orders or laws relating to the duty of support;
    2. Establishment or modification of child support obligations;
    3. Determination of parentage; or
    4. Location of obligors or their assets.
  15. "TANF" means Temporary Assistance for Needy Families, the government benefit program to support families with dependent children that has replaced AFDC.
  16. "Wage Assignment" means a voluntary written assignment of earned wages which is submitted to an employer, authorizing the employer to pay a portion of the earned wages of the employee to or for the benefit of a child.

Section 4 - Jurisdiction for Child Support Determination; Proceedings Involving Village Members

A. The Hopi Tribal Court shall have jurisdiction in all civil proceedings described in this Ordinance, except that the Hopi Villages have original jurisdiction in all proceedings involving Village members.

B. If the child is a member of a Hopi Village, the petitioner must file a copy of the petition with the kikmongwi or other leader of the child's Village at the same time as filing it with the Court. The copy to the Village shall contain the following statement:

The Hopi Tribal Court does not have original jurisdiction over this matter pursuant to Article III, Section 2, of the Hopi Constitution. Your Village may choose to handle this matter in the way traditional to your Village; request the services of the Hopi Tribal Court to assist you in your processing of this matter; intervene in this action; or delegate jurisdiction to the Hopi Tribal Court. The deadline for your reply stating the decision of the Village is 20 days from date of filing.
If within 20 days the Village informs the Court that the Village intends to assume jurisdiction, the Court shall stay the matter pending the Village decision. If the Village informs the Court that it does not wish to resolve the matter, or fails to respond within 20 days, the court shall proceed with the matter.

C. Villages may request an extension of time to decide whether to handle the matter, and may request to reassume jurisdiction at any time, even though the deadline has passed. Villages may also choose to handle only one aspect of a dispute presented to them, and delegate remaining issues to the Courts for resolution.

D. A Village decision regarding parentage and/or child support may be enforced by the Hopi Tribal Court through an appropriate action brought before that Court. The Hopi Tribal Court shall also certify Village decisions as having the same force and effect as a court order upon presentation of sufficient evidence of the Village decision.

Section 5 - Court Initiated Child Support Determination

In any proceeding before the Hopi Tribal Court in which there is at issue the support of a child the Court shall determine the support obligations of the parents and enter an order of child support according to this Ordinance. Divorces involving children are one example of such a proceeding.

If, after the passage of this Ordinance, the Court fails to determine child support when such a matter is before it, the person caring for the child may request back support from the time at which the Court heard the original matter.

Section 6 - Child Support Determination Initiated by Custodial Parent or Other Interested Party

A. An action to determine child support or parentage may be initiated at any time before the child in question has his or her eighteenth birthday, or thereafter under circumstances specified in Sections 3.C or 16 of this Ordinance. Any custodial parent or guardian, with or without an attorney, or any Tribal, state or federal agency authorized to enforce the child support laws may initiate an action for child support by filing a petition for establishment of child support with the clerk of the Hopi Tribal Court and, if the parties are members of a Village or Villages, with the kikmongwi or leader of the child's Village.

B. The petition to establish child support shall include the following:

1. The name, address, income and tribal affiliation, if any, of the custodial parent or guardian;

2. The name, date of birth, and tribal affiliation, if any, of the child or children for whom support is requested;

3. The cost of the children's health care and dental insurance premiums paid by the custodial parent, if any;

4. The cost of child care necessary to permit the parent to work;

5. Any extraordinary costs associated with caring for the child, such as necessary medical costs or education costs or costs of transportation for visitation between parents sharing custody;

6. If custody is split between the parents, the percentage of the year (calculated as numbers of days in the year with each parent) during which the petitioner has physical custody of the child;

7. The name and tribal affiliation, if any, of the non-custodial parent from whom support is requested and whether parentage by the non-custodial parent has been established;

8. If known, the social security number, address, and income of the non-custodial parent. If the address of the non-custodial parent is unknown, the court shall refer the matter to the Federal Parent Locator Service.

C. The petition to establish parentage shall include the following:

1. The name, address, and tribal affiliation, if any, of the custodial parent or guardian;

2. The name, date of birth, and tribal affiliation, if any, of the child or children whose parentage is at issue;

3. The name and tribal affiliation, if any, of the person who is claimed to be the parent;

4. If known, the social security number and address of the non-custodial parent.

5. Evidence of parentage including, but not limited to, birth certificates, marriage or sharing residence of the parties, or genetic tests performed.

D. Upon receipt of the petition, the Court shall schedule a hearing to determine child support within 50 days from the date the petition is filed. The Clerk of the Court shall issue a summons providing notice of the date and subject matter of the hearing with a copy of the petition to the petitioner for service on the respondent. The summons shall inform the respondent of the following:

1. That if he or she chooses not to appear at the hearing or enter a defense to the petition challenging the authority of the court to hear the matter by the date of the hearing, the hearing shall proceed on the basis of the petitioner's evidence;

2. That parentage will be established at the hearing if parentage has not yet been established and that genetic tests will be ordered if parentage is disputed;

3. That the respondent's employer or others with evidence of the parent's income may be subpoenaed to provide the Court with records of his or her earnings;

4. That if the respondent is unemployed he or she will still be assumed to be able to provide some degree of child support and an order of support will be calculated according to the Guidelines unless the Court makes written findings of injustice in their application to the respondent pursuant to Section 16(F) of this Ordinance;

5. That he or she may enter into a stipulated support agreement or voluntary acknowledgement of parentage as stated in this Ordinance;

6. That any answer to the petition must be filed within 20 days of the date of service of the petition.

The petition shall be served in person, unless service in person is not feasible.

If personal service is not feasible, the petition may be served by certified mail on the last known address of the respondent or by other method approved by the Court.

    1. Answers must be served on the petitioning party and filed with the Court within 20 days of the date of service of the petition.
    2. Upon request of either party the Court shall issue subpoenas to the adverse party, his or her employer, or any other person in possession of relevant information to appear or produce documents. Failure to comply with such a subpoena may be punishable as contempt of court.


Section 7 - Stipulated Agreement

At any time prior to the date of the hearing, the parties may enter into a stipulated agreement as to the establishment of parentage or the level of child support obligation. The court will not approve an agreement that provides for a level of child support that is substantially less than that provided for by the Hopi Tribal Child Support Guidelines established pursuant to Section 16 of this Ordinance. If the respondent contends that the Guidelines are unjust as applied to his or her situation, he or she must establish this in a hearing before the Hopi Tribal Court, pursuant to Section 16(F) of this Ordinance.

The signed stipulated agreement shall be submitted to the Hopi Tribal Court for approval and enforcement. After said agreement is approved by the Court, it shall be filed with the Clerk of the Tribal Court with a statement that it shall have the same force as an order issued by the Court. The obligation of the non-custodial parent to pay child support shall commence on the date that the stipulated agreement is filed.


Section 8 - Hearing Procedures

A. Relevant Information

The factual determinations made at the hearing shall be limited to the parentage of the child or children and the income and expense information necessary to determine the appropriate level of support according to the Hopi Tribal Child Support Guidelines.

B. Use of Custom and Tradition; Validation of Traditional Marriages

The Hopi Courts should consider Hopi customs and traditions relevant to child support or parentage, including evidence of traditional marriage and birthing ceremonies, in making any determination under this Ordinance. Upon presentation of sufficient evidence by the parties, the Hopi Courts may also recognize traditional Hopi marriages for any purposes.

C. Discovery

In hearings in child support and parentage matters the Hopi Tribal Courts shall not be limited to discovery with the consent of both parties, but shall also have the power to utilize mandatory discovery procedures to obtain any information relevant to the establishment or enforcement of child support or parentage. These procedures shall include the following:

1. The inspection of property, examination and production of pertinent records, books, information, or evidence;

2. The subpoena of any person for testimony under oath, for production of documents or things, and for submission to genetic testing;

3. Punishment by contempt for refusal to comply with the discovery orders of the court.

D. Representation

Both parties have the right to representation at their own expense. Representatives shall be those authorized by the Hopi Court to appear before it and officers of Child Support Enforcement Agencies or other tribal officials authorized by the Hopi Tribe to represent those seeking child support on the Hopi Reservation.

E. Establishment of Parentage

1. If parentage is disputed, the Court shall order genetic testing of the parties, unless the Court finds good cause not to. If such test confirms parentage, the disputing parent shall pay the costs of testing. If the test disproves parentage, the petitioner shall pay the costs of testing.

2. A positive genetic test will establish a presumption of parentage. Such presumption can only be rebutted with clear and convincing scientific evidence. Unless a party objects to the results of testing in writing more than five working days before the hearing, such tests shall be admitted as evidence without need for foundation testimony or other proof of authenticity.

3. A birth certificate signed by the putative parent will also establish a presumption of parentage that can only be rebutted by clear and convincing evidence.

4. In the event that a genetic test is not available or not in the best interests of the child, evidence that the parties were married shall create a rebuttable presumption of parentage.

5. Testimony by the disputing parent as to the petitioning parent's infidelity is not competent evidence In a determination of parentage unless these is corroboration from another source.

F. Establishment of Level of Support

The Court shall establish the amount of the child support obligation of the absent parent by using the Hopi Tribal Child Support Guidelines provided in Section 16. The court shall not depart downward from the guidelines unless it makes written findings of injustice as applied to the respondent pursuant to Section 16(F) of this Ordinance. The standard of proof for establishment of the amount of the child support obligation shall be by preponderance of the evidence. The petitioner shall bear the burden of proof, except that the respondent shall bear the burden of proof that the guidelines are unjust as applied to the respondent.

G. Default

If the respondent fails to appear at the hearing upon a showing of valid service and the petitioner presents evidence of parentage or obligation by the absent party, the Court shall enter an order of parentage and child support obligation pursuant to the evidence.

Section 9 - Content and Effect of Order

    1. Monetary payments under a child support order shall be made to the Hopi Child Support Registry for distribution to the custodial parent or other resident guardian of the child. The Court may, however, order payments to be made elsewhere if there is a showing that it is in the best interests of the child. Payments of goods and services shall be made to the home of the child or elsewhere as the court orders or the parties arrange.
    2. Each order for child support or maintenance payments shall include an order that the absent parent and custodial parent notify the Hopi Child Support Registry of any change of employer or change of address within 10 days of such change.
    3. In the event the order contains a determination of child support obligation, the order shall be in favor of the child through his or her custodial parent or guardian. The payments may be made through another party or through a trust if there is a showing that payments through the custodial parent or guardian are not in the best interests of the child. The non-custodial parent has the burden of showing that the custodial parent is not the most appropriate trustee of child support payments for the child.
    4. A custodial parent who receives TANF benefits on his or her own behalf or for the benefit of a child shall, at the request of the agency, assign child support rights for the TANF beneficiary child or children, to the Hopi Tribe or other federal or state agency which makes TANF payments to the custodial parent, with the exception of any portion of the payment passed through to the custodial parent.
    5. The assignment of child support rights includes the right to prosecute any action to establish parentage, and to establish, modify, and/or enforce the amount of child support obligation, pursuant to this Ordinance or any other provision of applicable Hopi law. All such actions shall be brought in the name of the Hopi Tribe, or such other federal or state agency which made TANF payments to the custodial parents.
    6. In the event the order contains a determination of child support payments, the order shall provide for wage garnishment and reception of state and Indian gaming winnings and income tax refunds as a means for execution on any unpaid child support obligation.
    7. Wages shall also be subject to garnishment or voluntarily assigned before the non-custodial parent falls behind, as part of the original child support order or later upon motion of a party, unless there is a finding of good cause by the Court not to require garnishment or the parties have agreed in writing on an alternative method of ensuring payment.
    8. A child support order shall constitute a lien on the real or personal property of the person that it is filed against from the date of its filing in the office of the clerk of the court where any of the property is situated. A copy of the recorded notice shall be sent to the person whose property is attached at his or her last known address. Exceptions: Hopi ceremonial and religious property and real property held in trust are exempt from such liens. This section also cannot be used to supersede the role of the villages or clans in determining inheritance or use of land.
    9. Every child support order shall remain in effect until the eighteenth (18) birthday of the child for whose benefit it is entered, absent legal termination of parental responsibilities, such as emancipation or adoption of the child. If the child has not yet graduated from high school at the time of his or her eighteenth birthday, the order shall remain in effect so long as he or she is a full-time student in high school or a General Equivalency Diploma program.
    10. Where the non-custodial parent is a minor, the Court may, at its discretion, choose to make the child support enforcement order enforceable against the parents of the minor non-custodial parent.

Section 10 - Enforcement of Order

A. Notice of Delinquency

In the event that the non-custodial parent is at least one month delinquent in paying his or her child support obligation, the custodial parent or authorized public office may prepare and serve upon the non-custodial parent a notice of delinquency and filing the notice with proof of service on the Court. Service of the notice shall be effected by sending the notice by prepaid certified mail addressed to the non-custodial parent at his or her last known address, or by any method provided by law. The notice shall inform the non-custodial parent of the following:

1. The terms of the child support enforcement order sought to be enforced;

2. The period and total amount of the delinquency;

3. The procedures to avoid immediate withholding;

4. That an order to withhold income shall be served on the payor within 20 days after service is completed unless the non-custodial parent complies with the procedures to avoid withholding;

The notice of delinquency shall be verified and filed, with proof of service, with the clerk of the court.

B. Order to Withhold Income and Give Security for Debt

If, twenty days after completion of service of the notice of delinquency, the non-custodial parent has not filed a motion presenting good cause why income should not be withheld, the Court shall serve an order to withhold income on the employer or other payor of the non-custodial parent. Such order shall direct that the non-custodial parent's wages and other benefits be garnished in an amount equal to the monthly support payment. An additional twenty percent of the support payment, or such additional amount as the court may order after notice and hearing, shall be withheld each month to compensate for any accrued delinquent payment until the delinquency is satisfied.

A payor served with an order to withhold income shall begin withholding no more than 14 days after service of the notice. An order to withhold income shall be binding against future payors upon actual notice of the order or service by personal delivery or certified mail upon the payor. Pursuant to 28 U.S.C. § 1738B, such service shall be equally binding upon employees and payors not within the jurisdiction of the Hopi Courts.

C. Bond Requirement

Twenty days after the service of the notice of delinquency, the Court may require that a party post a bond, give security, or some other guarantee to secure payment of overdue support unless the non-custodial parent makes a sufficient showing of one of the first three grounds set forth in part D of this section.

D. Stay or Waiver of Order to Withhold Income

If the non-custodial parent wants to prevent an order to withhold income from being served, he or she must file a motion to stay service with the clerk of the Hopi Tribal Court within twenty days after service of the notice of delinquency. Grounds for the motion to stay service shall be limited to:

1. A dispute concerning the existence or the amount of the delinquency;

2. Non-compliance with this Ordinance; or

3. Evidence that the delinquency has been cured since the filing of the notice.

4. Evidence of a court approved agreement between the non-custodial parent and

the custodial parent for an alternative method of payment.

The court may only waive the order to withhold income if it finds that the non-custodial parent has met the burden of showing good cause why income should not be withheld and upon a written order of the reasons for such cause.

E. Criminal Sanction

Willful failure to comply with a Hopi Child Support Order may also be punishable as a criminal offense under the provisions in Hopi Ordinance 21 concerning Persistent Nonsupport (3.3.31), Failure to Obey Lawful Order of Court (3.3.84), Contempt of Court (2.15.3) and/or any other relevant provisions appropriate under the facts of the case.

F. Seizure of Property

Non-exempt property of the debtor may be seized and sold to execute a child support obligation that has been adjudicated delinquent by the courts, following the procedures provided by the Hopi Indian Rules of Civil and Criminal Procedure, with the addition that real as well as personal property may be sold. Ceremonial or religious property and real property held in trust are exempt from such writs of execution.

G. Suspension or Denial of Licenses

Upon receiving evidence of two refusals to comply with a lawful Hopi Child Support order, or evidence of willful failure to pay child support for at least one year, the Court shall order the suspension or denial of the non-paying parent's occupational, recreational, and motor vehicle licenses, unless the Court finds that it would not be in the best interest of the child to suspend such licenses. A court order to suspend or deny such licenses shall be binding on and given effect by the license issuing agencies. If license issuing agencies not within the jurisdiction of the Hopi tribe refuse to give effect to such orders, the party seeking suspension should submit the order to the court of the license issuing agency for full faith and credit as an order of that court.

H. Enforcement of Orders for Provision of Goods and Services

Failure to comply with an order to provide goods and services to meet a child support obligation may be enforced in the same manner as orders for monetary support, except that the Court may not physically compel persons to perform services. Income may be withheld or property seized and sold to provide the custodial parent with the monetary value of the goods and/or services that were not provided.


Section 11 - Modification of Order; No Modification of Past Due Support


The child support obligation of an absent parent may be modified upon entry of an order by the Hopi Court. Either parent may petition the Court for an order based upon a showing of a change of circumstances supported by affidavit. Such petition shall require the other parent to appear and show cause why the decision previously entered should not be prospectively modified. The order to appear and show cause together with a copy of the affidavit upon which the order is based shall be served by the petitioning parent on the other parent in the same manner as the notice of delinquency. A hearing shall be set for not more than 50 days from the date of service.

A change in the Hopi Tribal Child Support Guidelines shall constitute a change in circumstances and shall justify modification of a child support order. The amounts of past due support may not be modified unless there is a showing of exceptional circumstances, such as insanity or lack of any legal, actual, or constructive notice of the award, that prevented the non-custodial parent from requesting a modification in the child support obligation. If the child support award becomes unjust due to changed circumstances of the non-custodial parent, the non-custodial parent has the duty to petition the court for a changed award at that time. He or she may not raise that change in circumstances as a reason not to pay a past due award.

Section 12 - Employers Must Donor Wage Assignments and Garnishments; Retaliation Prohibited.

No employer shall refuse to honor an order of garnishment entered by the court or a voluntary wage assignment executed pursuant to this Ordinance. Employers shall begin withholding income no more than 14 days after receipt of a true copy of the order.

No employer may discharge or take other adverse action against any employee because his or her wages have been subjected to assignment or garnishment for child support. An employer may, however, deduct the actual costs of complying with an order of garnishment or wage assignment, not to exceed five dollars, from the amount garnished or assigned. The employer must justify such deductions in a written itemization presented to the Hopi Child Support Registry and forwarded to the parties.

Section 13 - Full Faith and Credit for Foreign Child Support Orders

A. Properly issued court and administrative orders, judgments or decrees of other Indian tribes, states, or federal agencies, that relate to child support enforcement, will be given full faith and credit pursuant to 28 U.S.C. § 1738B. Such orders will be considered properly issued where the issuing tribunal had personal jurisdiction over the person claimed to be bound by the foreign order, subject matter jurisdiction over the matter, proper service of process under the law of the issuing jurisdiction was made on such person, and the order was issued according to the laws of that tribunal.

B. A foreign order is authenticated by reasonable proof that the document tendered to the Clerk of the Hopi Tribal Court is a true copy of the foreign order as it is recorded in the agency or court of the issuing jurisdiction. An authentication stamp issued by a clerk of court or custodian of records, or a court seal, is sufficient evidence of authenticity. Unless defects in jurisdiction are apparent on the face of the foreign order, the person contesting enforcement of the order has the burden of showing the order is not valid. If the respondent does not respond and object within twenty days after being served with notice of the application for full faith and credit, the Hopi Tribal Court shall recognize and enforce it as a Hopi Tribal Court Order.

C. Where a foreign order is invalid by reason of a lack of jurisdiction in the agency or court of the issuing jurisdiction, the Court may adopt some or all of its provisions as an original order of the Court after determining that the respondent was given sufficient notice and opportunity to present evidence and that the provisions adopted do not contravene Hopi law or policy.

Section 14 - Post Minority Child Support

The Hopi Tribal Court has equitable jurisdiction to order a non-custodial parent to pay child support for the benefit of a child who has reached the age of majority (18 or older) if equity demands. Circumstances that may support an order of post minority support include the following:

1. Full-time enrollment in post-secondary academic or vocational school by a child under thirty. Such support shall cease during any periods during which the child is not a full-time student, excluding summer vacations.

2. Serious physical or mental disability of the child which prolongs his or her dependence on his or her parental income past the age of eighteen. A court ordering post-minority support shall state. the reasons for doing so in writing. Amounts established for post-minority child support shall be those determined by the court to be fair and appropriate under the circumstances. As provided earlier in this Ordinance, children who have not graduated from high school by the age of eighteen are entitled to child support as provided by the guidelines so long as they are full time students in high school or General Equivalency Diploma programs.

Section 15 - Sovereign Immunity of the Hopi Tribe

Nothing in this Ordinance is intended to abrogate or otherwise impair the sovereign immunity of the Hopi Tribe.

Section 16 - Hopi Tribal Child Support Guidelines.

A. Introduction

The Hopi Tribe here establishes a scale of minimum financial child support contributions. This scale shall be used to determine the amount an absent parent shall pay for support of his or her child or children pursuant to this ordinance.
The Hopi Tribal Child Support Guidelines are based on the Income Shares Model. The Income Shares Model is predicated on the concept that a child should receive the same proportion of parental income that he or she would have received if the parents lived together. Under this model, a basic child support obligation is computed based on the combined income of the parents (replicating total income in a two-parent household). Each parent is responsible for providing a portion of that child support obligation in proportion to the fraction of the combined parental income that they earn. The custodial parent, however, will ordinarily be assumed to already be expending his or her portion of the child support obligation on the daily needs of the child.
The guidelines place a duty for child support upon both parents based on their respective financial resources. They are not intended to impoverish or impose unreasonable obligations on the non-custodial parent. Instead, they are intended to ensure that parents with the ability to contribute to their children's support contribute as they would if their children lived with them. In all but exceptional circumstances parents are assumed to be able to contribute something to their children's support, whether in financial support or equivalent goods and services.
The guidelines shall be reviewed by a Committee one year after the effective date of this Ordinance to ensure that they respond effectively and justly to the needs of Hopi children and families. The Committee shall have no less than four members, and shall at a minimum include one representative or delegate from each of the following entities: the Hopi Tribal Courts; the Office of the Hopi General Counsel; the Office of the Chairman; and the Hopi Guidance Center. Thereafter, the Committee shall review the Guidelines for possible revision at least once every four years to ensure that the amounts provided for in the guidelines are periodically adjusted for increases or decreases in the costs associated with the care and support of children within the Hopi Reservation. The Hopi Tribal Council may authorize the revisions recommended by the Committee without reconsidering the entire Ordinance.

B. Purposes of the Child Support Guidelines.

The purposes of the child support guidelines are to:

1. Establish as Hopi policy an adequate standard of support for children, subject to the ability of parents to pay;

2. Make support payments more equitable by ensuring more consistent treatment of persons in similar circumstances; and

3. Improve the efficiency of the court process by promoting settlements and giving guidance in establishing levels of child support to the Hopi Tribal Courts and the parties.

C. Use of the Child Support Guidelines.

In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall create a rebuttable presumption for the amount of such child support obligation. The Hopi Tribal Child Support Guidelines shall be used for temporary and permanent orders, separations, dissolutions, and support decrees. The Hopi Tribal Child Support Guidelines shall be used by the Hopi Tribal Courts as the basis for reviewing the adequacy of child support levels in non-contested cases as well as contested hearings.

D. Determination of the Child Support Amount.

To establish or modify child support, the child support guidelines as set forth shall be applied to determine the amount of child support due. A specific amount of child support should always be ordered, no matter how minimal, to establish the principle of that parent's obligation to provide physical support to the child.

1. The basic child support obligation shall be calculated based on the combined

income of both parents and shall be paid by them proportionately pursuant to the worksheets provided in the Appendix. Unemployment shall not excuse the parent from the obligation to contribute some degree of support, unless otherwise provided under these guidelines.

2. Physical Custody adjustments shall. be made as follows:

a. For basic visitation situations, the basic child support obligation shall be calculated using the Basic Child Support Schedule, Worksheet A and instructions provided for Worksheet A. The Court may provide for a partial abatement of child support for visitation of one month or longer; and

b. For shared responsibility arrangements, the basic child support obligation shall be calculated using the Basic Child Support Schedule, Worksheet B and instructions provided for Worksheet B.

c. In shared responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five.

3. The cost of providing necessary medical, dental and behavioral health care for the children of the parties and the net reasonable child care costs incurred on behalf of these children due to employment or job search of either parent shall be paid by each parent in proportion to his or her income, in addition to the basic obligation. Each parent shall provide their proportional share of the cost of supplemental medical and dental insurance which may be available to them through their employment and is necessary to provide full coverage of the needs of the child.

4. The child support award may also include the payment of the following expenses not covered by the basic child support obligation:

a. any extraordinary medical, dental or behavioral health expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($10(1) per child per year;

b. any extraordinary educational expenses for children of the parties; and

c. transportation and communication expenses necessary for long distance visitation or time sharing.

E. Orders for Provision of Goods and/or Services

1. The child support obligation calculated under the guidelines may, under order of the Court or as agreed in writing by the parties, be satisfied in whole or in part through the provision of goods and/or services to the custodial parent. The Court shall determine the reasonable monetary value of the goods and services and deduct this amount from the child support obligation determined by the guidelines. The cost of non-necessary gifts which are not agreed upon by the parents shall not be subtracted from a child support obligation.

2. Absent other findings by the Court, where the non-custodial parent has sufficient disposable income, monetary payments should be preferred as easier to record, enforce, and use to satisfy the specific needs of the child.

3. Absent other findings by the Court, where the non-custodial parent has little disposable income and can contribute more to the child through provision of goods and services than in monetary payments, orders to satisfy child support obligations through the provision of goods and services should be preferred.

4. Orders that goods and services be delivered to the household of the child or the custodial parent should not be made if there is evidence that the non-custodial parent poses a threat to any member of the household.

F. Deviations from Guidelines

      1. The Court may order child support in an amount different from that which is provided in these guidelines, only if all of the following five criteria are met:


a. The party requesting deviation shows by a preponderance of the evidence that application of the guidelines is clearly inappropriate or unjust in the particular case; and

b. Deviation is in the best interest of the child or children for whom the child support obligation is being established; and

c. The Court states what award is recommended by application of the guidelines; and

d. The Court states the amount of child support which is actually awarded after the deviation; and

e. The Court makes written findings regarding items (a) through (d), above.


2. Where application of the guidelines would cause substantial hardship to the non-custodial parent, the custodial parent, or the subject children under the circumstances, deviation downward or upward may be justified.

3. Whenever application of the child support guidelines set forth in this section requires a person to pay to another person more than forty percent of his gross income for current, non-delinquent support of a single child, there shall he a presumption of substantial hardship.

4. Unemployment shall not be a cause for a finding of substantial hardship where the court determines that the person contesting application of the guidelines is voluntarily unemployed, having declined to accept or pursue employment opportunities reasonably open to the respondent based on his or her ability and local employment opportunities. In such cases, is the court shall impute to the respondent that amount of income that the respondent is reasonably capable of earning and calculate a child support award based on this imputed income.
5. Courts should consider whether the obligor can without substantial hardship provide goods and services with a monetary value equal to the amount recommended by the guidelines before deciding to deviate from the guidelines because of substantial hardship.


SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined

Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

<300

50

50

50

50

50

50

300

66

105

120

125

130

140

400

88

140

160

170

180

190

500

110

175

200

240

270

285

600

132

210

240

270

285

300

650

145

227

270

298

323

346

700

152

238

283

313

339

362

750

160

249

296

327

354

379

800

168

261

310

343

371

397

850

177

273

324

358

388

416 .

900

185

285

339

374

406

434

950

194

297

353

390

423

452

1000

202

310

367

406

440

471

1050

211

322

381

422

457

489

1100

219

334

396

437

474

507

1150

228

346

410

453

491

526

1200

236

358

424,

469

508

544

1250

245

370

439

485

526

562

1300

254

383

453

501

543

581

1350

262

394

466

515

558

597

1400

271

406

480

531

575

616

1450

281

418

495

547

592

634

1500

290

430

509

562

609

652

1550

299

442

523

578

626

670

1600

308

454

537

594

643

688

1650

317

467

551

609

660

707

1700

327

479

566

625

678

725

1750

336

491

580

641

695

743

1800

345

503

594

656

712

761

1850

354

515

608

672

728

780

1900

363

527

622

688

745

798

1950

371

539

637

703

762

816

2000

379

551

651

719

779

834

2050

388

563

665

735

796

852

2100

396

575

679

750

813

870

2150

405

588

693

766

830

888

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

2200

413

600

707

782

847

907

2250

421

612

721

797

864

925

2300

430

624

736

813

881

943

2350

438

636

750

829

898

961

2400

447

648

764

844

915

979

2450

455

660

778

859

932

997

2500

463

671

790

873

947

1013

2550

469

680

802

886

960

1028

2600

476

690

813

898

973

1042

2650

483

699

824

910

987

1056

2700

489

709

835

922

1000

1070

2750

496

719

846

935

1013

1084

2800

503

728

857

947

1026

1098

2850

510

738

868

959

1040

1113

2900

516

747

879

971

1053

1127

523

757

890

984

1066

1141

3000

530

766

901

996

1080

1155

3050

536

776

912

1008

1093

1169

3100

543

785

923

1020

1106

1184

3150

548

793

932

1030

1117

1195

3200

553

800

941

1039

1127

1206

3250

558

807

949

1049

1137

1217

3300

562

814

958

1058

1147

1228

3350

567

821

966

1068

1157

1239

3400

572

828

975

1077

1168

1249

3450

577

835

983

1087

1178

1260

3500

581

842

992

1096

1188

1271

3550

586

849

1000

1105

1198

1282

3600

591

856

1009

1115

1209

1293

3650

596

863

1017

1124

1219

1304

3700

601

871

1026

1134

1229

1315

3750

605

878

1034

1143

1239

1326

3800

610

885

1043

1152

1249

1337

3850

614

890

1049

1160

1257

1345

3900

618

896

1056

1167

1265

1353

3950

623

902

1062

1174

1272

1361

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross

Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

4000

627

907

1068

1181

1280

1369

4050

631.

913

1075

1188

1287

1377

4100

635

919

1081

1194

1295

1385

4150

639

924

1087

1201

1302

1393

4200

644

930

1093

1208

1310

1401

4250

648

936

1100

1215

1317

1410

4300

652

942

1106

1222

1325

1418

4350

656

947

1112

1229

1332

1426

4400

660

953

1119

1236

1340

1434

4450

664

959

1125

1243.

1347

1442

4500

669

964

1131

1250

1355

1450

4550

671

969

1136

1255

1361

1456

4600

674

973

1141

1261

1366

1462

4650

677

976

1146

1266

1372

1468

4700

679

980

1150

1271

1377

1474

4750

682

984

1155

1276

1383

1480

4800

685

988

1159

1281

1388

1485

4850

687

992

1163

1285

1393

1491

4900

690

995

1168

1290

1399

1496

4950

692

999

1172

1295

1404

1502

5000

695

1003

1176

1300

1409

1508

5050

697

1006

1181

1305

1414

1513

5100

700

1010

1185

1309

1419

1519

5150

703

1014

1190

1315

1425

1525

5200

706

1018

1195

1320

1431

1531

5250

710

1024

1201

1327

1439

1539

5300

715

1031

1209

1337

1449

1550

5350

720

1039

1218

1346

1459

1561

5400

726

1046

1226

1355

1469

1572

5450

731

1054

1235

1365

1479

1583

5500

736

1061

1243

1374

1490

1594

5550

742

1068

1252

1383

1500

1605

5600

747

1076

1260

1393

1510

1616

5650

752

1083

1269

1402

1520

1626

5700

757

1091

1277

1412

1530

1637

5750

763

1098

1286

1421

1540

1648

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

5800

768

1106

1294

1430

1550

1659

5850

773

1113

1303

1440

1561

1670

5900

779

1120

1311

1449

1571

1681

5950

783

1126

1318

1457

1579

1690

6000

787

1132

1325

1465

1588

1699

6050

791

1138

1332

1472

1596

1708

6100

795

1144

1339

1480

1604

1717

6150

799

1150

1346

1488

1613

1726

6200

803

1156

1353

1496

1621

1734

6250

807

1162

1360

1503

1630

1743

6300

811

1168

1367

1511

1638

1752

6350

815

1174

1374

1519

1646

1761

6400

820

1180

1381

1526

1655

1770

6450

824

1185

1388

1534

1663

1779

6500

828

1191

1395

1542

1671

1788

6550

832

1197

1402

1550

1680

1797

6600

836

1203

1409

1557

1688

1806

6650

840

1209

1416

1565

1697

1815

6700

844

1215

1423

1573

1705

1824

6750

848

1221

1430

1580

1713

1833

6800

852

1227

1437

1588

1722

1842

6850

856

1233

1444

1596

1730

1851

6900

860

1239

1451

1604

1738

1860

6950

865

1245

1459

1612

1747

1870

7000

869

1252

1466

1620

1756

1880

7050

874

1259

1474

1629

1766

1889

7100

879

1265

1482

1637

1775

1899

7150

883

1272

1489

1646

1784

1909

7200

888

1279

1497

1654

1793

1919

7250

893

1285

1505

1663

1803

1929

7300

897

1292

1513

1672

1812

1939

7350

902

1298

1520

1680

1821

1949

7400

907

1305

1528

1689

1831

1959

7450

911

1312

1536

1697

1840

1969

7500

916

1318

1544

1706

1849

1979

7550

921

1325

1551

1714

1858

1989

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only cart of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

7600

925

1332

1559

1723

1868

1999

7650

930

1338

1567

1731

1877

2008

7700

934

1345

1575

1740

1886

2018

7750

939

1352

1582

1749

1895

2028

7800

944

1358

1590

1757

1905

2038

7850

948

1365

1598

1766

1914

2048

7900

953

1371

1606

1774

1923

2058

7950

958

1378

1613

1783

1933

2068

8000

962

1385

1621

1791

1942

2078

8050

967

1391

1629

1800

1951

2088

8100

972

1398

1636

1808

1960

2098

8150

976 .

1405

1644

1817

1970

2108

8200

981

1411

1652

1825

1979

2118

8250

986

1418

1660

1834

1988

2127

8300

990

1424

1667

1842

1997

2137

8350

994

1430

1674

1850

2006

2146

8400

998

1436

1682

1858

2014

2155

8450

1002

1442

1689

1866

2023

2164

8500

1006

1448.

1696

1874

2031

2173

8550

1010

1454

1703

1881

2040

2182

8600

1015

1460

1710

1889

2048

2191

8650

1019

1466

1717

1897

2057

2201

8700

1023

1472

1724

1905

2065

2210

8750

1027

1478

1731

1913

2074

2219

8800

1031

1484

1738

1921

2082

2228

8850

1035

1490

1746

1929

2091

2237

8900

1039

1496

1753

1936

2099

2246

8950

1043

1502

1760

1944

2108

2255

9000

1047

1508

1767

1952

2116

2264

9050

1052

1514

1774

1960

2125

2274

9100

1056

1520

1781

1968

2134

2283

9150

1060

1526

1788

1976

2142

2292

9200

1064

1532

1795

1984

2151

2301

9250

1068

1538

1802

1992

2159

2310

9300

1072

1544

1810,

1999

2168

2319

9350

1076

1550

1817

2007

2176

2328


SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

9400

1080

1556

1824

2015

2185

2337

9450

1084

1562

1831

2023

2193

2347

9500

1089

1568

1838

2031

2202

2356

9550

1093

1574

1845

2039

2210

2365

9600

1097

1580

1852

2047

2219

2374

9650

1101

1586

1859

2054

2227

2383

9700

1105

1591

1866

2061

2234

2391

9750

1108

1596

1872

2068

2242

2399

9800

1112

1602

1878

2076

2250

2407

9850

1115

1607

1885

2083

2257

2415

9900

1119

1612

1891

2090

2265

2424

9950

1123

1618

1897

2097

2273

2432

10000

1126

1623

1904

2104

2280

2440

10050

1130

1628

1910

2111

2288

2448

10100

1133

1634

1917

2118

2296

2456

10150

1137

1639

1923

2125

2303

2465

10200

1140

1644

1929

2132

2311

2473

10250

1144

1649

1936

2139

2319

2481

10300

1148

1655

1942

2146

2326

2489

10350

1151

1660

1949

2153

2334

2497

10400

1155

1665

1955

2160

2341

2505

10450

1158

1670

1960

2166

2348

2513

10500

1161

1675

1966

2173

2355

2520

10550

1165

1680

1972

2179

2362

2528

10600

1168

1685

1978

2186

2369

2535

10650

1171

1689

1984

2192

2376

2543

10700

1174

1694

1990

2199

2383

2550

10750

1178

1699

1996

2205

2390

2558

10800

1181

1704

2002

2212

2397

2565

10850

1184

1709

2007

2218

2405

2573

10900

1188

1714

2013

2225

2412

2580

10950

1191

1719

2019

2231

2419

2588

11000

1194

1724

2025

2238

2426

2596

11050

1198

1729

2031

2245

2434

2604

11100

1202

1735

2039

2253

2443

2614

11150

1206

1742

2047

2262

2452

2624

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information.

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

11200

1210

1748

2055

2270

2461

2633

11250

1215

1754

2062

2279

2471

2643

11300

1219

1761

2070

2287

2480

2653

11350

1223

1767

2078

2296

2489

2663

11400

1227

1773

2086

2304

2498

2673

11450

1232

1780

2093

2313

2508

2683

11500

1236

1786

2101

2322

2517

2693

11550

1240

1792

2109

2330

2526

2703

11600

1244

1799

2116

2339

2535

2713

11650

1248

1805

2124

2347

2545

2723

11700

1253

1812

2132

2356

2554

2732

11750

1257

1818

2140

2364

2563

2742

11800

1261

1824

2147

2373

2572

2752

11850

1265

1831

2155

2381

2582

2762

11900

1270

1837

2163

2390

2591

2772

11950

1274

1843

2171

2398

2600

2782

12000

1278

1850

2178

2407

2609

2792

12050

1282

1856

2186

2416

2619

2802

12100

1287

1862

2194

2424

2628

2812

12150

1291

1869

2201

2433

2637

2822

12200

1295

1875

2209

2441

2646

2832

12250

1299

1881

2217

2450

2656

2841

12300

1304

1888

2225

2458

2665

2851

12350

1308

1894

2232

2467

2674

2861

12400

1312

1900

2240

2475

2684

2871

12450

1316

1907

2248

2484

2693

2881

12500

1321

1913

2256

2493

2703

2892

12550

1324

1918

2261

2499

2709

2898

12600

1327

1923

2266

2505

2715

2905

12650

1330

1927

2271

2510

2721

2911

12700

1333

1931

2277

2516

2727

2918

12750

1336

1936

2282

2522

2733

2924

12800

1339

1940

2287

2527

2739

2931

12850

1342

1945

2292

2533

2745

2937

12900

1345

1949

2297

2538

2751

2944

12950

1348

1953

2302

2544

2758

2951

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

13000

1360

1970

2322

2566

2782

2976

13050

1364

1975

2327

2572

2788

2983

13100

1367

1979

2333

2578

2794

2990

13150

1370

1984

2338

2584

2800

2996

13200

1373

1988

2343

2589

2807

3003

13250

1376

1993

2348

2595

2813

3010

13300

1379

1997

2353

2601

2819

3016

13350

1382

2002

2359

2607

2825

3023

13400

1385

2006

2364

2612

2831

3030

13450

1388

2011

2369

2618

2838

3036

13500

1392

2015

2374

2624

2844

3043

13550

1395

2020

2379

2629

2850

3050

13600

1398

2024

2384

2635

2856

3056

13650

1401

2028

2390

2641

2863

3063

13700

1404

2033

2395

2647

2869

3069

13750

1407

2037

2400

2652

2875

3076

13800

1410

2042

2405

2658

2881

3083

13850

1413

2046

2410

2664

2887

3089

13900

1416

2051

2416

2670

2894

3096

13950

1420

2055

2421

2675

2900

3103

14000

1423

2060

2426

2681

2906

3109

14050

1426

2064

2431

2687

2912

3116

14100

1429

2069

2436

2693

2919

3123

14150

1432

2073

2442

2698

2925

3129

14200

1435

2077

2447

2704

2931

3136

14250

1438

2082

2452

2710

2937

3143

14300

1441

2086

2457

2716

2943

3149

14350

1445

2091

2462

2721

2950

3156

14400

1448

2095

2468

2727

2956

3163

1,4450

1451

2100

2473

2733

2962

3169

14500

1454

2104

2478

2739

2968

3176

14550

1457

2109

2483

2744

2975

3183

14600

1460

2113

2488

2750

2981

3189

14650

1463

2118

2494

2756

2987

3196

14700

1466

2122

2499

2762

2993

3203

14750

1469

2126

2504

2767

2999

3209

14800

1473

2131

2509

2773

3006

3216

14850

1476

2135

2514

2779

3012

3223

14900

1479

2140

2520

2784

3018

3229

14950

1482

2144

2525

2790

3024

3236

15000

1485

2149

2530

2796

3031

3243

For incomes of over 15,000

9.9 %

of income

14.3 %

of income

16.8%

of income

18.9 %

of income

20.2 %

of income

21.6 %

of income

 


APPENDICES

FORMS

These forms are attached to assist parties and others in implementing this Ordinance.

Unless otherwise specified in this Ordinance, use of these forms is not mandatory or preferred.

The forms are separate from the Ordinance and may be changed as appropriate without formal reapproval by the Hopi Council.

 

MONTHLY CHILD SUPPORT OBLIGATION

WORKSHEET A - Basic Visitation

[Insert Properly Formatted Caption for Court]

MONTHLY CHILD SUPPORT OBLIGATION

 

A. Gross Monthly Income and Percentage

 

 

Custodial Parent

 

Non-Custodial Parent

 

Combined Column

1.

Gross Monthly Income

$_________

+

$_________

=

$_________

2.

Percentage of Combined Income (Each parent's income divided by combined income times 100)

________%

+

________%

=

100%

B. Computation of Basic Support

3.

Number of Children for Whom Support is Sought

 

 

 

 

__________

4.

Basic Support for Number of Children

 

 

 

 

$_________

C. Additional Support Costs

5.

Children's Health and Dental Insurance Premium

$_________

+

$_________

=

$_________

6.

Work Related Child Care

$_________

+

$_________

=

$_________

7.

Extraordinary Costs

$_________

+

$_________

=

$_________

8.

Total Additional Support Costs

$_________

+

$_________

=

$_________

D. Calculation of Support Amount

9.

Total Basic and Additional Support Costs (Add Combined Column Figures from Line 4 and Line 8)

 

 

 

 

$_________

10.

Each Parent's Obligation

$_________

+

$_________

=

$_________

11.

Enter Each Parent's Total Additional Support Costs From Line 8

$_________

+

$_________

=

$_________

12.

Each Parent's Net Child Support Obligation (Subtract Line 11 from Line 10)

$_________

 

$_________

 

 


Non-Custodial Parent pays $________ each month to Custodial Parent for Child Support Costs.

__________________________ _________

Custodial Parent's Signature Date

__________________________ _________

Non-Custodial Parent's Signature Date


BASIC VISITATION

INSTRUCTIONS FOR WORKSHEET A

Line 1. Gross Monthly Income:

Includes all income, except TANF, Food Stamps and Supplemental Security Income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return. Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income and multiply by 100 to get that parent's percentage of combined income.

Line 3. Number of Children:

Enter number of children on Line 3 of worksheet.

Line 4. Basic Support:

Round combined income to nearest fifty dollars ($50). Look at the basic child support schedule. In the far left-hand column of the basic child support schedule find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount in the combined column on Line 4.

Line 5. Children's Health and Dental Insurance Premium:

Parents who may obtain medical and/or dental insurance at a reasonable cost through their employment where their children's health care needs are not sufficiently met by the Indian Health Service are required to obtain such insurance. Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 5. Add costs paid by each parent and enter under the combined column on Line 5.

Line 6. Work-Related Child Care:

If child care is currently being provided, enter the cost paid by each parent for work related child care. If no child care is currently provided, but is necessary to allow the custodial parent to seek or maintain employment, then insert the documented cost of available child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's actual child care payment in that parent's column on Line 6. Add the cost for both parents and enter in the combined column on Line 6.

Line 7. Additional Extraordinary Costs:

Enter the amounts paid by each parent for any extraordinary medical, dental, behavioral health, or educational expenses incurred on behalf of the children, and transportation and communication expenses necessary for long distance visitation or time sharing. Add the cost for both parents and enter in the combined column on Line 7. For initial establishment of child support, there is no recoupment of past extraordinary costs. For modifications of child support, extraordinary costs may be recouped.

Line 8. Total Additional Support Costs:

Enter the amounts from lines 5, 6 and 7 in the column for each parent in order to determine the amounts actually to be paid for medical/dental insurance, work related child care, and additional expenses.

Line 9. Total Basic and Additional Support Costs:

Add the basic support amount from Line 4 and the total additional support costs from the combined column on Line 8.

Line 10. Multiply the total basic and additional support costs amount from Line 9 by the percentage for each parent from Line 2 to calculate each parent's child support obligation. The sum of these amounts in the combined column must equal the amount from Line 9.

Line 11. Enter each parent's amount of total additional support costs from Line 8.

Line 12. Subtract the amount of each parent's total additional support costs from line 11 from each parent's total basic and additional support costs entered on Line 10 to arrive at each parent's net monthly child support obligation. The Custodial Parent is deemed to be providing that amount of child support costs. The Non-custodial Parent's net monthly child support obligation shall be entered into the space provided, and shall be the amount paid to the Hopi Child Support Registry or other payee on a monthly basis.

 

 


 

MONTHLY SUPPORT OBLIGATION

WORKSHEET B - Shared Responsibility

[Insert Properly Formatted Caption for Court]

MONTHLY CHILD SUPPORT OBLIGATION

 

 

A. Gross Monthly Income and Percentage

 

 

Custodial Parent

 

Non-Custodial Parent

 

Combined Column

1.

Gross Monthly Income

$_________

+

$_________

=

$_________

2.

Percentage of Combined Income (Each parent's income divided by combined income times 100)

________%

+

________%

=

100%

B. Computation of Basic Support

3.

Number of Children for whom Support is Sought

 

 

 

 

__________

4.

Basic Support for Number of Children

 

 

 

 

$_________

5.

Shared Responsibility Basic Obligation (Line 4 x 1.5)

 

 

 

 

$_________

6.

Each Parent's Share (Line 5 x each parent's percentage from Line 2)

$_________

 

$_________

 

 

7.

Number of 24 Hour Days With Each Parent (Must Total 365)

__________

+

__________

=

365

8.

Percentage of Year With Each Parent (number of days divided by 365 and multiplied by 100)

________%

+

%________

=

100%

9.

Amount Retained (Line 6 x Line 8 for each parent)

$_________

 

$_________

 

 

10.

Each Parent's Obligation (Subtract Line 9 from Line 6)

$_________

 

$_________

 

 

11.

Amount Transferred (Subtract smaller amount on Line 10 from larger amount on Line 10.) Parent with larger amount on Line 10 pays the other parent the difference.

 

 

 

 

$_________

C. Additional Support Costs

12.

Children's Health and Dental Insurance Premium

$_________

+

$_________

=

$_________

13.

Work Related Child Care

$_________

+

$_________

=

$_________

14.

Extraordinary Costs

$_________

+

$_________

=

$_________

15.

Total Additional Support Costs

$_________

+

$_________

=

$_________

16.

Each Parent's Obligation (Combined column Line 15 x each parent's Line 2)

$_________

 

$_________

 

 

17.

Amount Transferred (Subtract each parent's Line 16 from his Line 15). Parent with a negative number pays that amount to the other parent.

$_________

 

$_________

 

 

D. Net Amount Transferred

18.

Combine Lines 11 and 17 by addition if same parent pays on both lines, otherwise by subtraction.

 

 

 

 

$_________

 

__________________________ ________

Custodial Parent Signature Date

__________________________ ________

Non-Custodial Parent's Signature Date

 

SHARED RESPONSIBILITY

INSTRUCTIONS FOR WORKSHEET B

Line 1. Gross Monthly Income:

Includes all income, except TANF, food stamps and supplemental security income. See text for allowed deductions from income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return. Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income and multiply by 100 to get that parent's percentage of combined income.

Lines 3 and 4. Basic Support:

Fill in the number of children on the worksheet (Line 3). Round combined income to nearest fifty dollars ($50). Look at the basic child support schedule. In the far left-hand column of that schedule, find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount on Line 4.

Line 5. Shared Responsibility Basic Obligation:

Multiply the basic obligation on Line 4 by 1.5.

Line 6. Each Parent's Share:

Multiply the support amount on Line 5 by each parent's percentage share on Line 2, and enter each parent's dollar share under that parent's column on Line 6.

Line 7. Each Parent's Time of Care for Children:

Enter the number of twenty-four-hour days of responsibility that each parent has each child in a year according to the parenting plan.

Line 8. Percentage of Twenty-Four-Hour Days With Each Parent:

Divide each parent's number of twenty-four hour days (Line 7) by three hundred sixty-five and multiple by 100 to obtain a percentage.

Line 9. Amount Retained:

Under shared responsibility arrangements, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five. Multiply each parent's share of basic support (Line 6) by the percentage in that parent's Line 8 and enter the result on that parent's Line 9. This is the amount that each parent retains to pay the children's expenses during that parent's periods of responsibility.

Line 10. Each Parent's Basic Obligation:

Subtract the amount retained by each parent for direct expenses (Line 9) from that parent's basic obligation (Line 6) and enter the difference on that parent's Line 10.

Line 11. Amount Transferred for Basic Support:

In shared responsibility situations, both parents are entitled not only to retain money for direct expenses but also to receive contributions from the other parent toward those expenses. Therefore, subtract the smaller amount on Line 10 from the larger amount on Line 10 to arrive at a net amount transferred for basic support.

Line 12. Children's Health and Dental Insurance Premium:

Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 12. Add costs paid by each parent and enter under the combined column on Line 12.

Line 13. Work Related Child Care:

Enter the cost paid by each parent for work related child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's figure in that parents column on Line 13. Add the cost for both parents and enter in combined column on Line 13.

Line 14. Additional Extraordinary Costs:

Enter the amounts paid by each parent for any extraordinary medical, dental, counseling, educational expenses children incurred on behalf of the children, and transportation and communication expenses necessary for long distance visitation or time sharing. Add the cost for both parents and enter in the combined column on Line 14. For initial establishment of child support, there is no recoupment of past extraordinary costs. For modifications of child support, extraordinary costs may be recouped.

Line 15. Enter Total of Lines 12, 13 and 14:

For each parent, total the amount paid by each parent for insurance, child care and additional expenses (Lines 12, 13 and 14). Enter total in that parent's column on Line 15 and the total of both parents' expenses under the combined column on Line 15.

Line 16. Each Parent's Obligation:

Multiply the total additional payments (combined column on Line 15) by each parent's percentage share of income on Lute 2, and enter each parent's dollar share of the additional payments on each parent's Line 16.

Line 17. Amount Transferred:

Subtract each parent's obligation for additional expenses (that parent's Line 16) from the total additional payments made by that parent (that parent's Line 15). The parent with a "Minus" figure pays the other parent the amount on Line 17.

Line 18. Combined Lines 11 and 17:

Combine the amount owed by one parent to the other for basic support (Line 11) and the amount owed by one parent to the other for additional payments.(Line 17). If the same parent owes for both obligations, add Lines 11 and 17, and enter the total. on Line 18. If one parent owes for basic support and other owes for additional payments, subtract the smaller amount from the larger and enter on Line 18. Fill in the blanks by stating which parent pays and which parent receives the net amount transferred.

  

 


IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) ORDER OF GARNISHMENT
-vs- ) OF WAGES
____________________, C#_____ )
Respondent. )
__________________________________________)

 

To: ___________________
___________________
___________________
___________________
(Employer)

    1. The Respondent, _______________________________, having been found liable for child support in this matter, you are hereby ordered to garnish __________ each month from his wages and forward it to the Hopi Child Support Registry, Hopi Tribal Court, P.O. Box 156, Keams Canyon, AZ, 86034, (520) 738-5171 in fulfillment of this child support obligation.
    2. An automatic payroll deduction mechanism shall be instituted so that this amount shall be forwarded by the first of each month following any month during which the Respondent was in your employ and is entitled to this amount in compensation for his or her work.
    3. If the first of the month immediately following the receipt of this order occurs before Respondent is entitled to receive the full amount set forth here, you may forward only that portion to which the Respondent is entitled, accompanied by a brief statement as to why the full amount is not present.
    4. You shall not discriminate or take any adverse action against Respondent as a result of such garnishment.
    5. You may deduct a reasonable amount from the forwarded amount to cover your costs in complying with this Order. This amount shall not exceed five dollars, and must be justified by a writing presented to the Registry.
    6. If Respondent leaves your employ or the compensation for his or her employment changes, you shall notify the Hopi Child Support Registry of such change within ten working days.
    7. You must give recognition to this order even if you are not located within the exterior boundaries of the Hopi Reservation. A.R.S. § 25-646 and N.M.S.A. § 40-6A-501.
    8. Failure to comply with this order may result in a finding of contempt of court.

_____________________________

Judge, Hopi Tribal Court

 

 


 

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) SUBPOENA FOR PRODUCTION
-vs- ) OF DOCUMENTS AND THINGS
____________________, C#_____ )
Respondent. )
__________________________________________)

 

To: ___________________
___________________
___________________
___________________

You are hereby ORDERED to produce the following documents concerning the above captioned case to _______________________ on or before the ___ day of __________, 199__.

Such documents shall be produced as kept in the ordinary course of business at the following location: _________________________________________________________.

The following documents shall be produced:

(Examples: Federal and state income tax returns; wage statements or pay stubs; medical or dental insurance policies; any other records showing past and current earnings; records of sales of arts and crafts or other self-employment; Indian gaming winnings; any other records showing past and current earnings.)

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________

Failure to obey this subpoena may make you liable to prosecution and a warrant may be issued for your arrest.

Dated this ______ day of _____________, 199__.

______________________________

Clerk, Hopi Tribal Court

 

* * * * * * * * * * * * * * * * * * * * * * * * *

RETURN OF SERVICE

Received this _____ day of ___________________, 199___.

I have this _____ day of ___________________, 199___ served a copy of this subpoena to: _______________________________ at ____________________________

OR: I attempted to serve this subpoena on ________________________, 199__ and _____________________, 199__, and have been unable to serve this subpoena because ______________________________________________________________________.

Date__________ _______________________________

Name and Title

 

 

 


 

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) SUBPOENA FOR PRODUCTION
-vs- ) OF DOCUMENTS AND THINGS
____________________, C#_____ )
Respondent. )
__________________________________________)

 

To: ___________________
___________________
___________________
___________________

You are hereby ORDERED to appear for genetic testing at ___________________________ on or before the ___ day of __________, 199__ (at least 10 working days after date of service) to determine whether you are the father of the following child or children:

NAME DATE OF BIRTH CENSUS #

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
______________________________________________________

If such genetic testing results in a finding that you are the father of these children, you will be liable for the costs of such testing.

If you believe that you are the father of these children, you may avoid such testing by instead signing a Voluntary Declaration of Paternity. A form Declaration is attached.

Failure to comply with this order may make you liable to prosecution and a warrant may be issued for your arrest.

Dated this _____ day of _____________________, 199__.

 

____________________________________

Judge, Hopi Tribal Court

 

 


IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#______ ) NO: __________
ADDRESS:____________________ )
_____________________________ ) PETITION FOR ESTABLISHMENT
SSN: _________________________ ) OF CHILD SUPPORT AND
Petitioner ) PARENTAGE
v. )
____________________, C#______ )
ADDRESS:____________________ )
_____________________________ )
SSN: _________________________ )
Respondent. )
AND CONCERNING )
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
)
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
__________________________________________)

 

Petitioner ____________________________ states her cause of action as follows:

  1. The Petitioner __________________________ and minor child(ren) reside at ____________________________________.
  2. (If applicable): The Petitioner and/or the minor child(ren) are enrolled as members of the _______________________________ Tribe.
  3. To the best of Petitioner's knowledge, Respondent lives at _________________________; and his or her mailing address is ______________________________________________. (If applicable): Respondent is a member of the __________ Tribe.
  4. (If applicable): Respondent and Petitioner were married from _____________________ to _________________________.
  5. As a result of the relationship between Petitioner and Respondent the child(ren) named here was/were born:

    NAME - DATE OF BIRTH - CENSUS #

  6. ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________
    ________________________________________________________________

  7. The Respondent is the father of the child(ren); he has [ ] has not [ ] acknowledged his paternity of the child(ren).
  8. (If paternity not established and parties not in marriage recognized by license during conception:) Attached is the following evidence of the paternity of the Respondent:
  9. [ ] Birth Certificate

    [ ] Voluntary Declaration of Paternity

    [ ] Results of genetic tests

    [ ] Other ___________________________________

  10. Petitioner's income is ___________________ from _____________employment, TANF, etc._____
  11. The Respondent has not provided adequate support for his child(ren) and he is capable of providing such support.
  12. Respondent has the following sources of income from which he could provide support for his child(ren) (wages, self employment, farming, disability insurance, pension, etc):
  13. __________________________________________________________________
    __________________________________________________________________
    __________________________________________________________________
    __________________________________________________________________

  14. In addition to the normal costs of child-rearing, the Petitioner now bears the following costs:

[ ] ___________ for the child(ren)'s health care and dental insurance premiums.

[ ] ___________ for child care necessary to permit the Petitioner to work.

[ ] ___________ for the following necessary extraordinary costs: (include, for example, necessary medical costs, education costs, or costs of transportation for visitation between parents sharing custody) ___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________

WHEREFORE, Petitioner asks this Court to:

  1. Declare the Respondent to be the father of the named child(ren).
  2. Order the Respondent to pay child support in the amount of $______ per month.
  3. Order the Respondent to pay a reasonable sum for Petitioner's costs and expenses incurred in maintaining this matter.
  4. (If applicable): Order the Respondent to undergo genetic testing to establish his paternity of said child(ren).
  5. Order such other and further relief as it deems proper under the circumstances.

DATE: __________ ___________________________________

Petitioner's Signature

___________________________________

Print Name

If child or parents are members of a village:

I hereby certify that a copy of the foregoing petition was filed with the following person:

(Name and address of Kikmongwi or other leader of Village of the child)

_____________________
_____________________
_____________________
_____________________

on this ____, of _________, 199__ by ____(U.S. Mail, Personal Delivery to leader or person at office of leader, etc.)________________________________ with the following statement:

The Hopi Tribal Court does not have original jurisdiction over this matter pursuant to Article III, Section 2, of the Hopi Constitution Your village may choose to handle this matter by the way traditional to your village; request the services of the Hopi Tribal Court to assist you in your processing of this matter; intervene in this action; or delegate jurisdiction to the Hopi Tribal Court. The deadline for your reply stating the decision of the village is (20 days from date of filing).

By: ________________________

Date: _______________________

 

 

 


 

VOLUNTARY DECLARATION OF PATERNITY / MATERNITY

I. PARTIES AND TERMS

Name(s) of Child(ren) whose parentage is at issue:

NAME DATE OF BIRTH CENSUS #

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________________________

Name of child(ren)'s natural mother: ______________________________________
Name of child(ren)'s natural father: _______________________________________
Name of non-parent with legal custody of child(ren):_________________________

II. DECLARATION AND ADMISSION

I, ______________________________, am the [ ] father [ ] mother of the child(ren) listed above. I make this declaration and admission voluntarily, and not under duress, coercion or threat by any other person or party. I understand that this declaration and admission is legally binding and is treated the same as a judicial declaration of my paternity or maternity.

I have read and understood the above agreement.

____________________________________ __________________________________

Signature Date

STATE OF ARIZONA )
                                     ) : ss
 County of________________)

Signed and sworn to before me this ______ day of ______________, 19___.

_______________________________

NOTARY PUBLIC

MY COMMISSION EXPIRES:

_________________________

 

 


 

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#______ ) NO: __________
ADDRESS:____________________ )
_____________________________ ) NOTICE OF DELINQUENCY
SSN: _________________________ )
Petitioner )
v. )
____________________, C#______ )
ADDRESS:____________________ )
_____________________________ )
SSN: _________________________ )
Respondent. )
AND CONCERNING )
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
)
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
__________________________________________)

COMES NOW the Petitioner and provides notice to the Respondent that he/she is at least one month delinquent in his/here child support obligation and requests that this Honorable Court order his/her income withheld to ensure future compliance with that obligation. In support of which request Petitioner offers the following:

  1. On ______________ Respondent was ordered to pay $_______ per month for the support of his/her children. Copy of Order attached.
  2. Respondent has not paid any child support since ________________________, and is now $________ delinquent in his/her child support obligation.
  3. To avoid immediate income withholding the Respondent must within twenty days of service of this notice file a motion to stay withholding providing evidence of one of the following:
  1. That Petitioner is wrong regarding the existence or the amount of delinquency;
  2. That this request does not comply with the Hopi Parental Responsibility Ordinance;
  3. That Respondent has paid the delinquent amount since the filing of this notice;
  4. That Petitioner and Respondent have agreed on an alternative method of payment.
  1. If Respondent does not file such a motion within twenty days of service, this Court must issue an order that ______________________, located at ________________________, garnish Respondent's wages or other income owed to Respondent in the amount of $______ per month, the amount of his/her child support obligation.
  2. Petitioner further requests that this Court order that an additional (twenty percent of child support obligation) per month be garnished until the past delinquency has been cured.
  3. Petitioner verifies under penalty of perjury that the foregoing statements are true and accurate to the best of his/her knowledge.

Respectfully submitted this ______ of ___________________, _____.

______________________

Petitioner

PROOF OF SERVICE

Copy of the foregoing served on Respondent by certified mail on _____________________. A copy of the return receipt is attached.

By: ___________________

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