CHAPTER 26-2
JURISDICTION, CIVIL PROCEDURE, FULL FAITH AND CREDIT, SOVEREIGN IMMUNITY

26-2-1 Jurisdiction.

(A)    General. The Court shall have jurisdiction over child support and related proceedings involving an individual who is the subject of such proceedings if one or more of the following conditions exist:

(1)    The individual is an Indian, or eligible for membership of a federally recognized tribe who resides within lands subject to the jurisdiction of the Nation;

(2)    A child(ren) who is a member or is eligible for membership of a federally recognized tribe who resides within lands subject to the jurisdiction of the Nation;

(3)    The individual resided with the child in lands subject to the jurisdiction of the Nation;

(4)    The individual resided on lands subject to the jurisdiction of the Nation and provided pre-natal expenses and/or other support for the child;

(5)    The child resides on lands subject to the jurisdiction of the Nation as a result of the acts or directives of the individual;

(6)    The individual engaged in sexual intercourse on lands subject to the jurisdiction of the Nation and the child may have been conceived by that act of intercourse;

(B)    Personal Jurisdiction Over All Interested Parties Not Required. Lack of personal jurisdiction over a child and the custodial parent does not preclude the Court from making a child support order binding on the non-custodial parent who is subject to the child support order.

26-2-2 Transfer.

The CSS may accept transfer cases from other state and tribal IV-D agencies, and may transfer cases to other state and tribal IV-D agencies, if appropriate.

26-2-3 Venue.

Venue for all child support actions initiated by the CSS shall be the Nation’s District Court.

26-2-4 Civil Procedure.

The rules of civil procedure to be followed shall be those set forth in Title 4 of the Potawatomi Law and Order Code, unless otherwise specified herein.

26-2-5 Filing Fees.

The Clerk of the Court shall not charge filing fees for pleadings made by and for the CSS.

26-2-6 Full Faith and Credit.

The Nation shall give full faith and credit to a valid court order from other tribal and state administrative bodies and courts in accordance with the federal Full Faith and Credit for Child Support Orders, 28 U.S.C. § 1738(B).

26-2-7 Sovereign Immunity.

Nothing in this Chapter shall be deemed a waiver of the sovereign immunity of the Nation.