Ponca Tribe of Nebraska Tribal Code
TITLE IV DOMESTIC RELATIONS
CHAPTER 5 CHILD SUPPORT
Section 4-5-1. Obligations of Parents to Support Child(ren) .
Section 4-5-2. Amount of Support Obligation
Section 4-5-3. Modification
Section 4-5-4. Enforcement and Modification of Foreign Court Orders
Section 4-5-5. Notice to Obligor when Foreign Court Order for Support is Received
Section 4-5-6. Hearing on Obligors Objection to Enforcement of Foreign Court Order for Child Support
Section 4-5-7. Enforcement of Tribal Court Orders for Support
Section 4-5-8. Definitions
The parents of a child are jointly and severally obligated for the necessary maintenance, education and support of the child in accordance with their respective means. Until established by order of the Court, the minimum child support obligation of a parent who fails to furnish maintenance, education and support for his child, following a continuing absence from the home is the obligors share of the amount shown in the support guidelines, commencing on the first day of the absence. For the purpose of this section, “continued absence from the home” means that the parent or child is physically absent from the home for a period of at least thirty (30) consecutive days, and the nature of the absence constitutes family disassociation because of substantial severance of marital and family ties and responsibilities, resulting in the child losing or having a substantial reduction of physical care, communication, guidance and support from the parent.
Ponca Tribe of Nebraska Code § 4-5-1, PTN Code § 4-5-1
The child support obligation may be established in accordance with the child support obligation guidelines set by the State of Nebraska. A judge may deviate from the guidelines upon agreement of the parties or where it appears that application of the guidelines would cause a financial hardship on either party.
Ponca Tribe of Nebraska Code § 4-5-2, PTN Code § 4-5-2
A judge may modify a previous order of the Court upon petition of either party and a finding that good cause exists for modification.
Ponca Tribe of Nebraska Code § 4-5-3, PTN Code § 4-5-3
Any Court order for child support from any other court of competent jurisdiction shall be enforced in accordance with tribal law, and where appropriate federal law. No foreign court order for support shall be enforced until it has been recognized by the Tribal Court.
Ponca Tribe of Nebraska Code § 4-5-4, PTN Code § 4-5-4
Upon receipt of a child support order from another court, the Tribal Court shall notify the obligor of such order for support that the Court is in receipt of the order and that the obligor has the right to object to Tribal Court enforcement of such an order. The obligor shall have the right to object to enforcement of the order and shall be given two (2) weeks to file a written objection to enforcement of the order. If the obligor fails to object, the Tribal Court shall be authorized to enforce the foreign court order in accordance with Section 4-5-4 of this Chapter.
Ponca Tribe of Nebraska Code § 4-5-5, PTN Code § 4-5-5
Upon receipt of an obligor's written objection to enforcement of a foreign court order, the Tribal Court Administrator shall schedule a hearing on the objection. The obligor shall be entitled to present any evidence supporting a legal cause why the order should not be enforced. The Judge shall make a determination in accordance with Section 4-5-4.
Ponca Tribe of Nebraska Code § 4-5-6, PTN Code § 4-5-6
Upon entry of a Tribal Court order for support, the Judge shall authorize either a direct payment to the obligee by the obligor or payment to the Tribal Court Administrator by the obligor. If the obligor shall fail to pay the support obligation in accordance with the order, the Court shall be authorized to issue an order for withholding of the obligor's wages. Such order may include an amount necessary to cover any arrearages owed by the obligor to the obligee. In no case may the order for withholding exceed more than fifty percent (50%) of the obligor's wages.
Ponca Tribe of Nebraska Code § 4-5-7, PTN Code § 4-5-7
For purposes of this Chapter, the following definitions apply:
1. “Foreign Court Order for Support” means any court order for child support from any court of competent jurisdiction.
2. “Obligee” means an individual entitled to receive child support under a court order for child support.
3. “Obligor” means the individual who is required to pay child support under a court order for child support.
Ponca Tribe of Nebraska Code § 4-5-8, PTN Code § 4-5-8