Chapter 7.24 PARENTAL RESPONSIBILITY ACT

(a) Children are the most vital resource to the continued existence and integrity of the Puyallup Tribe. Therefore, the Tribe has a compelling interest in promoting and maintaining the health and well-being of all Puyallup children. Parental guidelines provide for the best interests of families, especially children, all of whom have a right and a need to receive parental support. The adoption of this Act and the child support guidelines and attached child support schedule by the Puyallup Tribal Council is a proper exercise of its Tribal sovereignty.

(b) By adopting this Act and the child support guidelines and schedule contained herein, the Tribe re-affirms Puyallup custom and tradition which recognizes both parents’ obligation to provide support for their children as their respective income, resources and abilities allow. Furthermore, child support orders shall reflect the understanding that in order for children to prosper, their parents must provide for their own needs as well as the needs of their children. Therefore, a child support order should not be so burdensome that the parent obligated to pay is left with insufficient resources necessary for their own livelihood. [Res. 100801 (08/10/01); prior code § 7.06.105]

7.24.030 Applicability.¹

All civil proceedings pertaining to the establishment, enforcement or modification of child support obligations shall comply with this Puyallup Parental Responsibility Act. [Res. 100801 (08/10/01); prior code § 7.06.110]

7.24.040 Definitions.

For purposes of this Act:

(a) “Basic visitation” means a custody arrangement whereby one parent has primary physical custody and the other parent has visitation with the child(ren) less than 35 percent of the time.

(b) “Child” means any person under the age of 18; over the age of 18 for whom a Court order for support exists; or a person who is 18, enrolled full time in school, and 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 in PTC 7.24.060.

(c) “Child support” means the financial obligation a noncustodial parent owes toward his or her child(ren), whether such obligation is established through judicial or administrative process or by stipulation of the noncustodial parent. The financial obligation of a noncustodial 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 as agreed by the parties. Goods and services which may be used to meet a child support obligation include, but are not limited to, sharing of fishing harvests, big game hunts, and provision of other necessary items such as wood for fuel and home repairs. Such nonmonetary contributions shall be deducted from child support amounts according to their fair market value. The cost of nonnecessary gifts that are not agreed upon by the parents shall not be subtracted from a child support obligation.

(d) “Child support debt” means any monies, in-kind or traditional support recognized by the Tribe to be owed to or on behalf of a child to satisfy a child support obligation or to satisfy in whole or in part arrears or delinquency of such obligation, whether denominated as child support, spousal support, or maintenance. This definition shall also include medical support obligations.

(e) “Child support orders” means any judgment or order of the Puyallup Tribal Court, Superior Court of the State of Washington, any tribal court order where that tribe accords the Puyallup Tribal Court reciprocal recognition, any court order or administrative order of another competent jurisdiction ordering payment of a set or determinable amount of child support, and/or medical support.

(f) “Custodial parent” means the person who holds legal custody of the child or children pursuant to a Court order, or who exercises primary physical custody of the child or children on the basis of agreement between the parents or by the absence of one parent. A legal guardian with primary 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.

(g) “Custodian” means any person having the care, physical custody and control of any child or children.

(h) “Employer” includes all persons or entities who agree to compensate another for services performed.

(i) “Garnishment” is the process whereby a Court order is directed to an employer, bank, or agent holding monies or property of a noncustodial parent to make payments or deliver property to satisfy a child support obligation in accordance with the order.

(j) “Gross income” includes income from any source and includes, but is not limited to, income from salaries, wages, tips, commissions, bonuses, dividends, 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. 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.

(k) “Guardian” is a person who has legal custody and has been appointed by the Court to protect the interests of minors and to provide for their care, welfare, education, maintenance and support.

(l) “Imputed income” is the actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed. Potential income will not be imputed unless a preponderance of evidence shows that the parent has a greater potential than actual income. Income need not be imputed to the custodial parent who is actively caring for a child of the parties who is under the age of six or disabled. If income is imputed to the custodial parent, a reasonable childcare expense may also be imputed.

(m) “Income tax refund interception” is a remedy whereby any income tax refund of a noncustodial parent shall be intercepted directly from the United States, any state, Puyallup Tribe, or other Indian Nation for the payment of public and/or support debt.

(n) “Marriage” is an institution according to Puyallup traditional custom, by state license, or by any practice recognized under Puyallup law.

(o) “Noncustodial parent” means a parent of a child or children born either during or outside of marriage who does not have primary physical custody or who otherwise has an obligation to provide support for that child or children. A natural parent, adoptive parent, or step-parent of a child who has been found to owe a duty to pay support monies.

(p) “Obligee” means the person or agency with the right to receive child support.

(q) “Obligor” means the person with an obligation to pay child support.

(r) “Parent” means the biological or adoptive mother or father of a child.

(s) “Parentage” means 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.

(t) “Payee” means a person to whom a child support debt is owed.

(u) “Payor” means 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 to pay is not legal but a gift or moral obligation are not payors for purposes of this chapter.

(v) “Primary physical custody” means maintaining physical custody of a child or children at least 65 percent of the time.

(w) “Public assignment of child support rights” means the custodial parent assigns the right to receive child support to the Puyallup Tribe or any state, tribal or federal agency. This assignment may be in connection with the payment of benefits to the custodial parent under the federal Temporary Aid to Needy Families (TANF).

(x) “Puyallup Tribe registry” means the entity of the Puyallup Tribe that receives, distributes, and maintains records of child support orders and payments.

(y) “Shared custodial responsibility” means a custody arrangement whereby each parent provides a suitable home for the children of both parties, when the children spend at least 35 percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.

(z) “State” means the State of Washington, Department of Social and Health Services, Division of Child Support.

(aa) “Support enforcement agency” means a Puyallup Tribal, federal, state official or agency authorized to do any of the following:

(1) Enforce support orders or laws relating to the duty of support;

(2) Establish a child support obligation;

(3) Modify a child support obligation;

(4) Determine parentage;

(5) Locate obligors and/or their assets.

(bb) “Tribal Court” means the Puyallup Tribal Court of the Puyallup Indian Reservation.

(cc) “Tribe” means the Puyallup Tribe of the Puyallup Indian Reservation, a federally recognized Indian Tribe, under a constitution adopted April 11, 1936, and approved by the Commissioner of Indian Affairs May 1, 1936.

(dd) “Wage assignment” means signing over earned wages to another party, 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. [Res. 100801 (08/10/01); prior code § 7.06.115]

7.24.050 Jurisdiction for child support determination.

The Puyallup Tribal Court shall have original jurisdiction in all civil proceedings to establish, enforce, or modify the duties of support described in this Act. [Res. 100801 (08/10/01); prior code § 7.06.120]

7.24.060 Continuing jurisdiction for post-minority child support.

(a) The Puyallup Tribal Court has equitable jurisdiction to order a noncustodial 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 high school or in college by a child under 25 years;

(2) Physical or mental disability of the child which prolongs his or her dependence past the age of 18.

(b) 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 appropriate under the circumstances. [Res. 100801 (08/10/01); prior code § 7.06.125]

7.24.070 Sovereign immunity of the Puyallup Tribe.

Nothing in this Act shall abrogate or otherwise impair the sovereign immunity of the Puyallup Tribe of Indians. However, the Puyallup Tribal Council consents to a limited waiver of sovereign immunity to authorize Puyallup Tribal Court orders for withholding of salaries and wages of its employees, and of the employees of all subordinate or quasi-independent entities of the Tribe, to enforce child support obligations under PTC 7.24.130. [Res. 181114A (11/18/14); Res. 100801 (08/10/01); prior code § 7.06.130]

Subchapter 2. Procedures

7.24.080 Court-initiated child support determination.

(a) In any proceeding before the Puyallup Tribal Court in which there is at issue the support of a child, the Court may determine the support obligations of the parents and enter an order of child support according to this Act. Divorce, minor in need of care, paternity action, and guardianship involving children are examples of such proceedings.

(b) If the Court fails to address 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. [Res. 100801 (08/10/01); prior code § 7.06.200]

7.24.090 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. Any custodial parent or guardian, with or without an attorney, or the Puyallup Tribe child support program may initiate an action for child support by filing a petition to establish, modify or enforce child support with the Clerk of the Puyallup Tribal Court.

(b) The petition to establish child support shall include the following:

(1) The name, address and income of the custodial parent or guardian;

(2) The name and date of birth of the child(ren) for whom support is requested;

(3) The cost of the child(ren)’s health care and dental insurance premiums paid by the custodial parent, if any;

(4) Any extraordinary costs associated with caring for the child(ren), such as necessary medical costs or education costs or unusual costs of transportation for visitation between parents sharing custody;

(5) 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(ren);

(6) The name of the noncustodial parent from whom support is requested and whether parentage by the noncustodial parent has been established;

(7) If known, the Social Security number, address, and income of the noncustodial parent.

(c) Upon receipt of the petition, the Court shall schedule a hearing to establish, modify or enforce child support within 50 days from the date the petition is filed. The Clerk of the Court shall serve notice of the date and subject matter of the hearing with a copy of the petition on the custodial and noncustodial parents.

(1) If he/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) Parentage will be established at the hearing if parentage has not yet been established and that genetic test will be ordered for the respondent if parentage is disputed;

(3) Respondent’s employer or others with evidence of the parent’s income may be subpoenaed to provide the Court with records of his earnings;

(4) If the respondent is unemployed he or she will still be imputed 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 PTC 7.24.220;

(5) He or she may enter into a stipulated support agreement as stated in this chapter;

(6) Answers must be served on the petitioning party and filed with the Court within 20 days of the date of service of the petition.

(d) Upon request of either party the Court shall issue subpoenas to the opposing party, or any other party in possession of relevant information, to appear or produce documents in accordance with PTC 4.08.230. Failure to comply with such a subpoena may be punishable as contempt of Court. [Res. 100801 (08/10/01); prior code § 7.06.205]

7.24.100 Stipulated agreement.

(a) 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. If the respondent contends that the Puyallup Tribe’s child support guidelines are unjust as applied to his or her situation, he or she must establish this in a hearing before the Puyallup Tribal Court.

(b) The signed voluntary agreement shall be submitted to the Puyallup Tribal Court for approval and enforcement. After the Court approves the agreement, 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 noncustodial parent to pay child support shall commence on the date that the stipulated agreement is filed. [Res. 100801 (08/10/01); prior code § 7.06.210]

7.24.110 Hearing procedures.

(a) Establishment of Paternity.

(1) If parentage is disputed, the Court shall order genetic testing of the parties. If such test confirms parentage, the respondent parent may pay the costs of testing. If the test disproves parentage, the petitioner may pay the costs of testing.

(2) A probability of 99.9 percent on the genetic test will establish a conclusive presumption of paternity. Such presumption can only be rebutted with clear and convincing scientific evidence. Unless a party objects to the results of testing in writing within 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 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, whether by statute or according to Puyallup tradition, custom and practice, shall create a rebuttable presumption of marriage.

(5) Evidence that the child was recognized by the putative parent in a naming ceremony, or the birthing ceremony, shall also establish a rebuttable presumption.

(6) Evidence that either the marriage or birthing ceremony was abbreviated or performed improperly shall not affect the legal impact of the traditional ceremony as evidenced by the intent of the parties to be bound by the obligations of marriage or parentage.

(7) Testimony of infidelity by either party to the case is not competent evidence in a determination of parentage and will not be allowed.

(8) The Court determines it is not in the best interest of this child that paternity be established, including, but not limited to: incest, forcible rape, or pending adoption proceedings.

(b) Establishment of Level of Support.

(1) The Court shall establish the amount of the child support obligation of the noncustodial parent by using the Puyallup Tribe child support guidelines provided in Subchapter 4. The Court shall not depart downward from the guidelines unless it makes written findings of injustice as applied to the respondent pursuant to PTC 7.24.220.

(2) The standard of proof for establishment of the amount of the child support obligation shall be by preponderance of the evidence. The respondent shall bear the burden of proof that the guidelines are unjust as applied.

(c) 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 noncustodial party, the Court shall enter an order of parentage and child support obligation pursuant to the evidence. [Res. 100801 (08/10/01); prior code § 7.06.215]

7.24.120 Content and effect of order.

(a) Payments under a child support order shall be made to the Puyallup Tribe 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.

(b) Each order for child support or spousal maintenance payments shall include an order that the noncustodial parent and custodial parent notify the Puyallup Tribe registry of any change of employer or change of address within 10 days of such change.

(c) 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 unless the Puyallup Tribe, or other federal or state agency, is making TANF payments on behalf of the child. 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 noncustodial parent has the burden of showing that the custodial parent is not the most appropriate trustee of child support payments for the child.

(d) A custodial parent who receives TANF benefits on his or her own behalf or for the benefit of a child shall assign child support rights for the TANF beneficiary child or children to the Puyallup Tribe or other federal, tribal or state agency which made TANF payments to the custodial parent.

(e) The assignment of child support rights includes the right to prosecute any action to establish parentage, and to establish, modify, and/or to enforce the amount of child support obligation, pursuant to this chapter or any other provision of applicable Puyallup law. All such actions shall be brought in the name of the Puyallup Tribe, or such other federal or state agency that made TANF payments to the custodial parents.

(f) 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. Wages shall not be subject to withholding only where:

(1) One of the parties demonstrates and the Court finds that there is good cause not to require immediate income withholding; or

(2) The parties reach a written agreement that provides for an alternative arrangement. [Res. 100801 (08/10/01); prior code § 7.06.220]

7.24.130 Enforcement of order.

(a) Notice of Delinquency. In the event that the obligor is at least one month delinquent in paying his or her child support obligation, the obligee or authorized public office may prepare and serve upon the obligor a notice of delinquency. Service of the notice shall be effected by sending the notice by prepaid certified mail addressed to the obligor at his or her last known address, or by any method provided by law. The notice shall inform the obligor 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 unless the obligor 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.

(1) If, 20 days after the service of the notice of delinquency, the obligor has not filed a petition 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 obligor. Such order shall direct that the obligor’s wages and other benefits be garnished in an amount equal to the monthly support payments. An additional 20 percent of the support payments, or such 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.

(2) A payor served with an order to withhold income shall begin withholding not more than seven 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.

(1) If the obligor wants to prevent an order to withhold income from being served on the employer or other payor of the obligor, he or she must file a petition to stay service with the Clerk of the Puyallup Tribal Court within 20 days after service of the notice of delinquency. Grounds for the petition to stay service shall be limited to:

(A) A dispute concerning the existence or the amount of the delinquency;

(B) Noncompliance with this chapter;

(D) Evidence of a Court-approved agreement between the obligor and the obligee for an alternative method of payment.

(2) The Court may only waive the order to withhold income if it finds that the obligor 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.

(d) Criminal Sanction. Willful failure to comply with a Puyallup Tribal child support order may also be punishable as a criminal offense under the provisions in Puyallup Tribal Criminal Code (Chapter 5.12 PTC).

(e) Seizure of Property. Upon issuance of a written order of execution, nonexempt real and personal property may be seized and sold in a reasonable manner, after notice to the owner, for payment of a delinquent child support obligation after it has been adjudicated delinquent by the Court. Ceremonial or religious property and real property held in trust are exempt from such writs of execution. [Res. 100801 (08/10/01); prior code § 7.06.225]

7.24.140 Modification of order.

(a) The future child support obligation of a noncustodial parent may be modified upon entry of an order by the Puyallup Tribal Court. Either parent may petition the Court for a modification order based upon a showing of a substantial 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 sending notice by prepaid certified mail addressed to the obligor at his or her last known address, or by any method provided by law. A hearing shall be set for not more than 45 days from the date of service.

(b) A change in the Puyallup Tribal child support guidelines shall constitute a substantial change in circumstances and shall justify modification of a child support order.

(c) The amounts of past due support may not be modified unless there is a showing of exceptional circumstances that prevented the obligor from requesting a prospective modification (such as insanity or lack of legal or constructive notice of the obligation amount). If the child support obligation becomes unjust due to a change in circumstances of the obligor, the obligor has the duty to petition the Court for a modification. He or she may not raise that change in circumstances as a reason not to pay a past due amount. [Res. 100801 (08/10/01); prior code § 7.06.230]

7.24.150 Statute of limitations.

No statute of limitations shall apply to any action to enforce a child support order. [Res. 100801 (08/10/01); prior code § 7.06.235]

7.24.160 Wage assignment and garnishment – Employers must honor – Retaliation prohibited.

(a) No employer shall refuse to honor a wage assignment or garnishment executed in accordance with PTC 4.08.280. An assignment made pursuant to this section shall be binding upon the employer seven days after service upon the employer of a true copy of the assignment.

(b) No employer may discharge or prejudice any employee because his or her wages have been subjected to an assignment or garnishment for child support. If an employer does prejudice or discharge any employee because his wages have been subjected to an assignment or garnishment for child support, then that employer may be subject to a fine in the amount equal to three months of the withhold amount under the garnishment or wage assignment, payable to the child support registry for the benefit of the child(ren). [Res. 100801 (08/10/01); prior code § 7.06.240]

Subchapter 3. Recognition of Foreign Judgments

7.24.170 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 may be given full faith and credit. Such orders will be considered properly issued when 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 Puyallup 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.

(c) 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 person fails to respond to the notice of the petition requesting full faith and credit, the Puyallup Tribal Court shall enforce the original order as a Puyallup Tribal Court order.

(d) Where a foreign order is invalid by reason of a lack of personal 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 to the extent that they do not contravene Puyallup Tribal Law or policy. [Res. 100801 (08/10/01); prior code § 7.06.300]

7.24.180 Procedure for recognition and enforcement of foreign judgments.

(a) Proper filing of a foreign judgment with the Puyallup Tribal Court shall be accomplished when the petitioner has paid all necessary filing fees and delivered to the Court a certified copy of the foreign judgment, along with a motion requesting that the Puyallup Tribal Court recognize and enforce the foreign judgment.

(b) Upon proper filing of a foreign judgment with the Puyallup Tribal Court, the Court shall issue a summons directing the defendant to appear on a date not more than 20 days from the date of service and respond to the motion requesting the Puyallup Tribal Court to recognize and enforce the foreign judgment. Such summons shall be served on the defendant in a manner consistent with the laws of the Tribe.

(c) Failure to appear as directed by the summons or failure to respond to the motion requesting the Court to recognize and enforce the foreign judgment once personal jurisdiction over the defendant has been obtained shall not prevent the Court from ruling on the motion. [Res. 100801 (08/10/01); prior code § 7.06.305]

Subchapter 4. Puyallup Tribe’s Child Support Guidelines

7.24.190 Purposes of the child support guidelines.

The purposes of the child support guidelines are to:

(a) Establish an adequate standard of support for children, subject to the ability of parents to pay;

(b) Make support payments equitable by ensuring consistent treatment of individuals in similar circumstances; and

(c) Improve the efficiency of the Court process by promoting settlements and providing guidance in establishing levels of child support. [Res. 100801 (08/10/01); prior code § 7.06.400]

7.24.200 Use of the child support guidelines.

In any action to establish or modify child support, the child support guidelines as set forth in this subchapter shall be applied to determine the child support due. The Puyallup child support guidelines shall be used for temporary and permanent orders, separations, dissolutions, and support decrees. The Puyallup child support guidelines shall be used by the Puyallup Tribal Court as the basis for reviewing the adequacy of child support levels in noncontested cases as well as contested hearings.

(a) The basic child support obligations found in the attached schedule (PTC 7.24.240) are presumptive and may be increased or decreased when based on the factors in this section and supported by the evidence. [Res. 100801 (08/10/01); prior code § 7.06.405]

7.24.210 General standards for the application and use of the child support schedule – Determination of child support amount.

(a) The parents’ obligation for support shall be based on the factors and guidelines set forth in this subchapter. A specific amount of child support should always be ordered, no matter how minimal, to establish the principle that parents have an obligation to provide financial support to their child(ren).

(b) The basic child support obligation derived from the Puyallup child support schedule shall be apportioned between the parents based on each parent’s share of their combined monthly net income, 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.

(1) 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 partial abatement of child support if visitation exceeds one month; and

(2) For shared custodial responsibility arrangements, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet B and instructions provided for Worksheet B.

(3) In shared custodial responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of 24-hour days of responsibility spent by each child with each respective parent, divided by 365.

(d) Ordinary health care expenses are included in the child support schedule. Extraordinary health care expenses not covered by private health insurance shall be shared by the parents in the same proportion as the basic child support obligation.

(e) Work-related day care and special child-rearing expenses are not included in the child support schedule. These expenses shall be shared by the parents in the same proportion as the basic child support obligation. The Court may enter a child support order to include a duty to provide for day care expenses.

(f) When combined monthly net income is less than $600.00, a support order not less than $25.00 per month per child shall be ordered, unless otherwise agreed to by the parties.

(g) Neither parent’s child support obligation shall exceed 35 percent of their net earnings unless good cause is shown, in which case the support obligation shall not exceed 50 percent of their net earnings. Good cause may include possession of substantial wealth, children with special needs and larger families.

(h) All income and resources of each parent’s household shall be disclosed and considered by the Court. All such disclosures, including worksheets, paystubs, tax returns, etc., shall be confidential and available only to the parties, the Puyallup child support program and the Court, and solely for the purpose of establishing child support obligations.

(i) Before including disability benefits into gross income calculations, the Court shall consider the actual needs of the disabled party and the effect of the inclusion of such benefit on the disabled party, as well as the needs of the child(ren).

(j) An order of child support may be modified by Court order, consistent with these guidelines, upon a showing of a substantial change in circumstances of any of the parties. [Res. 100801 (08/10/01); prior code § 7.06.410]

7.24.220 Guidelines for deviation from support obligation.

In deviating from the basic support obligation, the Court shall enter a written finding for the record that the application of the guidelines or schedule would be unjust or inappropriate, state the amount of support that would have been required under the schedule, and include justification why the order varies from the guidelines or schedule. The Court may take into consideration the following factors:

(a) Age(s) of the Child(ren). The obligation shall be set closer to the higher end of the basic support obligation for older children (columns B), and closer to the lower end of the basic support obligation for younger children (columns A). See Schedule.

(b) Number of Children in Family. The obligation shall be set lower per child the greater the number of children for which the obligation is being paid. See Schedule.

(c) Children from Other Relationships. The obligation may be set at a lower amount than it otherwise would be when (either the obligated or both) parents before the Court have children from other relationships to whom the parent owes a duty of support and is actually providing support.

(d) Seasonal or Nonrecurring Income. If the income of either parent is seasonal or nonrecurring, the obligation may be set at a lower amount than it otherwise would be, or it may be set on a schedule that varies the amount at different times of the year.

(e) Social Services Provided by Tribe or Other Agency. Whenever the Tribe or other agency provides health care, housing, or other basic needs for the child(ren) at no cost or reduced cost, such services may be considered as a basis for setting a lower amount of support than would otherwise be determined. [Res. 100801 (08/10/01); prior code § 7.06.415]

7.24.230 In-kind services and resources.

(a) Although consistent with Puyallup culture and tradition, in-kind services are extremely difficult to monitor and guarantee, particularly as they relate to issues of quantity, quality and value. Consequently the Court shall only utilize in-kind services as a set-off against a child support obligation in those exceptional cases where full financial support is not possible. In its order, the Court shall clearly specify, in writing, the terms, standards and requirements for the delivery of in-kind services.

(b) In-Kind Services, Resources. Whenever a parent is able to provide appropriate and acceptable in-kind services or resources, such as fish, game, firewood, clothing or other basic needs, for the support of the child(ren), such services or resources may be applied as a set-off against the future months’ support obligation if authorized by Court order.

(c) In-Kind Services, Resources from Extended Family or Community Members. Whenever extended family or community members are able to provide food, clothing, shelter, or other basic needs for the child(ren), such services or resources may be applied as a set-off against the next months’ support obligation if authorized by Court order. [Res. 100801 (08/10/01); prior code § 7.06.420]

7.24.240 Child support schedule and calculations.

(a) Basic Child Support Obligation. A child support obligation shall be set at the basic support amount listed in the table of child support obligations of the Puyallup Tribe child support schedule and be based on the combined net income of both parents. Monthly net income shall be determined by subtracting the appropriate deductions (listed in subsection (d) of this section) from monthly gross income.

(b) Gross Income. Monthly gross income shall be calculated by adding income received from all sources including:

(1) Salaries;

(2) Wages;

(3) Commissions;

(4) Revenue from sales of goods and products;

(5) Deferred compensation;

(6) Overtime;

(7) Contract-related benefits;

(8) Income from second jobs;

(9) Interest;

(10) Trust income;

(11) Severance pay;

(12) Annuities;

(13) Capital gains;

(14) Pension/retirement benefits;

(15) Workers’ compensation;

(16) Unemployment benefits;

(17) Spousal maintenance actually received;

(18) Bonuses;

(19) Social Security benefits (SSA);

(20) Disability insurance benefits;

(21) Gifts and prizes greater than or equal to $250.00 in value.

(c) Items Disclosed but Not Included in Gross Income. The following sources of income and resources shall be disclosed but not included in gross income:

(1) Income of a new spouse or income of other adults in the household;

(2) Child support received from other relationships;

(3) Gifts and prizes less than $250.00 in value;

(4) Temporary Assistance to Needy Families (TANF);

(5) Supplemental security income (SSI);

(6) General assistance;

(7) Food stamps;

(8) Dividends;

(9) Tribal per capita benefits.

Pursuant to Chapter 1.08 PTC (Per Capita Ordinance), Tribal per capita funds shall not be subject to seizure, execution, levy, garnishment, forfeiture, lien or encumbrance for any debt or obligation.

(d) Deductions from Gross Income. Monthly net income shall be calculated by deducting the following expenses from monthly gross income:

(1) Federal, state and Tribal income taxes;

(2) Federal Insurance Contributions Act (FICA) deductions;

(3) Mandatory pension plan payments;

(4) Mandatory union or professional dues;

(5) State industrial insurance premiums;

(6) Court-ordered spousal maintenance to the extent actually paid;

(7) Up to $2,000 per year in voluntary pension payments actually made;

(8) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement.

CHILD SUPPORT SCHEDULE

Table of Child Support Obligations
Combined Monthly Net Income	Monthly Support Obligation per Child
Less than $600	$25 – 100
$601 – 1,000	$50 – 200
$1,001 – 1,500	$75 – 300
$1,501 – 2,000	$100 – 400
$2,001 – 2,500	$125 – 475
$2,501 – 3,000	$150 – 550
$3,001 – 3,500	$175 – 625
$3,501 – 4,000	$200 – 675
$4,001 – 4,500	$225 – 725
$4,501 – 5,000	$250 – 775

(e) Monthly Net Income Above $5,000. When combined monthly net income exceeds $5,000, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of $5,000 unless good cause is found to deviate below that amount, but the Court may exceed the presumptive amount of support set for combined monthly net income of $5,000 upon written findings of fact establishing such increase as both necessary and in the best interests of the child(ren). [Res. 100801 (08/10/01); prior code § 7.06.425]

Subchapter 5. Child Support Charge-Off Policy

7.24.250 Purpose.

It is the Tribe’s public policy that children are entitled to reasonable, adequate child support. The intent and purpose of using the Tribal Court for implementing this chapter is to facilitate the speedy resolution of grievances and to assure that Tribal law, custom and tradition are adequately considered in any hearing to remedy inequitable orders. [Res. 100801 (08/10/01); prior code § 7.06.500]

7.24.260 Charge-off policy – General provisions.

(a) This chapter applies only to any child support debt due a state or tribe from a responsible parent. Such child support debts may be written off and cease to be accounted as an asset by an order of the Tribal Court if, under the procedures in this chapter, it is found there are no cost-effective means of collecting the debt under this chapter.

(b) The Tribe may accept offers of compromise of disputed claims or may grant partial or total charge-off of child support arrears owed to a tribe or state up to the total amount of public assistance paid to or for the benefits of the persons for whom the support obligation was incurred.

(c) The rules set out in this subchapter shall govern the considerations to be made in the granting or denial of partial or total charge-off and offers of compromise of disputed claims of debt for support arrears.

(d) The rights of the payee under an order for support shall not be prejudiced if the Tribe accepts an offer of compromise, or grants a partial or total charge-off under this section. [Res. 100801 (08/10/01); prior code § 7.06.510]

7.24.270 Procedures.

(a) Tribal Forum – Tribal Court. The Tribal Court shall have the jurisdiction to inquire into, determine facts of, and attempt to resolve matters in which a noncustodial parent, custodian, or payee under an order asks for the Court’s assistance regarding back child support arrears as defined in this chapter.

(b) Request for Review. The person seeking relief under this chapter shall request a review in writing.

(c) Notice. The Tribal Court shall, upon receipt of a request for review, cause a notice of hearing to be mailed to the person seeking relief, their representative, and any other person or agency who is a party to the proceeding. The notice shall state that a hearing has been scheduled, and inform the parties of the time and place of the hearing.

(d) Payee’s Right to Notice and to Request a Court Hearing. Where the Washington State Department of Social and Health Services is not providing public assistance to the payee, and the responsible parent timely requests a review under subsection (b) of this section, the hearing shall be scheduled for a date at least 30 days after the notice is issued, and the notice shall state:

(1) The payee has 20 days from the date of the notice to file a response with the Puyallup Tribal Court.

(2) The payee has a right to appear and participate in the hearing, and to be represented by counsel at his or her own expense.

(3) Tribal Court’s decision will become the final position on the arrearage debt claimed by a tribe or state; and

(4) If the payee does not appear at the Tribal Court hearing, the decision may be adverse to the payee’s interest including a reduction in or charge-off of the amount of arrearages claimed owing in the responsible parent’s case.

(5) The payee may make a motion to the Tribal Court to be allowed to participate in the hearing by telephone. The Tribal Court will consider all circumstances, including, but not limited to, the distance the payee would have to travel to the Courthouse, in deciding the motion to allow participation by telephone. The Tribal Court shall liberally allow telephone participation when in the interest of justice and fairness. Any decisions on said motions will be considered final for purposes of an appeal.

(e) Effect of Payee’s Objection. If the payee objects to the hearing, the Tribal Court shall inform the noncustodial parent and the payee that a hearing shall be held on the objection, at which time the parties shall provide arguments to the Court why the application of the person seeking relief should or should not be heard by the Tribal Court (8) Powers of Tribal Court. Hearings shall be held pursuant to Sub-chapters 3 and 4, Civil Proceedings, before the Tribal Court. The Tribal Court may receive evidence by affidavit or other written submission when necessary or practicable together with written or oral argument. The Tribal Court may designate persons having specific familiarity with the matter at issue or technical expertise with the subject to advise the Tribal Court.

(f) Written Decision to Issue. The Tribal Court shall make a written decision stating specific findings of fact, conclusions of law, and a judgment order on all cases brought under this chapter.

(1) The findings of fact and conclusions of law shall, at a minimum, include findings and conclusions regarding:

(A) Subject matter jurisdiction;

(B) Personal jurisdiction over all of the parties;

(D) The basis or bases for the decision.

(g) Factors to Consider for Charge-Off Requests. The Tribal Court shall base a decision to grant partial or total charge-off of arrears owed to the Washington State Division of Child Support on the following considerations:

(1) Error in law or bona fide legal defects that materially diminish chances of collection; or

(2) Substantial hardship; or

(3) Costs of collection action in the future that are greater than the amount to be charged off; or

(4) Settlement from lump-sum cash payment that is beneficial to a tribe or state considering future costs of collection and likelihood of collection; or

(5) A correction of improperly calculated arrears; or

(6) Tribal custom or tradition.

(h) Substantial Hardship Considerations for Responsible Parent with Dependent Child. In making a determination of substantial hardship where a dependent child is in the home of the parent with a current child support obligation, the Tribal Court may measure the net income and all available assets and resources of that parent against the needs standard for public assistance for the appropriate family size. The Tribal Court shall consider the necessity to apportion the parent’s income and resources on an equitable basis with the child for whom the arrears accrued. When reviewing a claim of substantial hardship, the Tribal Court may consider the following information including, but not limited to:

(1) The child on whose behalf support is owed is reunited with the parent with a child support obligation because the:

(A) Formerly separated parents have reconciled; or

(B) Child has returned to the parent from foster care, the care of a relative, or the care of a custodian.

(2) The responsible parent is aged, blind, or disabled and receiving supplemental security income, Social Security, or other similar benefits.

(3) Payment on the arrears obligation interferes with the responsible parent’s payment of current support to a child living outside the home.

(4) The responsible parent has limited earning potential due to:

(A) Dependence on seasonal employment that is not considered in the child support order; or

(B) Illiteracy; or

(D) Other factors limiting employability or earning capacity.

(5) The responsible parent’s past efforts to pay support and the extent of the parent’s participation in the child’s parenting.

(6) The size of the parent’s debt and the prospects for increased income and resources.

(i) Substantial Hardship Considerations for Responsible Parent without a Dependent Child. The Tribal Court may find that substantial hardship exists for a noncustodial parent, without finding hardship to a dependent child.

(1) In making a determination of substantial hardship to an individual without a dependent child, the Tribal Court shall measure the applicant’s income, assets, and resources. The Tribal Court may consider the following factors when reviewing a claim of substantial hardship:

(A) The noncustodial parent is aged, blind, or disabled and receiving supplemental security income, Social Security income, Social Security, or other similar benefits.

(B) The noncustodial parent has limited earning potential due to:

(i) Dependence on seasonal employment that is not considered in the child support order; or

(ii) Illiteracy; or

(iii) Limited English proficiency; or

(iv) Other factors limiting employability or earning capacity.

(2) The Tribal Court may enter an order for a reduced payment on the support debt, or a conditional reduced payment on the support debt, when there is substantial hardship to a dependent child.

(j) Partial or Conditional Reduction or Charge-Off of Arrearages. The Tribal Court may:

(1) Reduce collection on the noncustodial parent’s support debt to an amount that alleviates the hardship without altering the amount of the support where grounds to make an adjustment exist, but the circumstances creating the hardship are temporary.

(2) Create incentives to promote payment or family unity by entering a conditional order of:

(A) Total or partial charge-off as allowed by this chapter; or

(B) Reduced payment on the support debt.

(3) Condition reduced payment, or total or partial charge-off on:

(A) Continued payment according to a payment schedule imposed by the Tribal Court;

(B) Continued reconciliation;

(D) A specific period of performance after which the charge-off is irrevocable; or

(E) Conditional on the parties remaining reconciled unless the parties have been reconciled for at least six months at the time of the Tribal Court hearing.

(4) The Tribal Court shall consider whether the conditions would create:

(A) Incentives for abuse or intimidation of the other party to the order;

(B) Incentives for fraud; or

(C) Unreasonable reluctance to obtain financial or medical assistance necessary for the health and best interests of the children.

(k) Violations of Conditions – Effects. When the noncustodial parent violates the terms of a conditional charge-off or reduced repayment rate order imposed by a Tribal Court under this chapter, the Tribal Court, after notice and opportunity for a hearing, may enter an order providing:

(1) Any amount charged off by the Tribal Court under the decision prior to the violation shall remain uncollected.

(2) The Tribal Court may order that the program may collect any further amount that would have been charged off under the decision after the date of the violation; and

(3) The noncustodial parent may not reinstate terms of the decision by renewed compliance with the terms of the decision, unless the department agrees in writing to reinstate the conditional charge-off or repayment rate, or the Tribal Court orders it.

(l) Right to Appeal to Tribal Court of Appeals. Any order entered by the Tribal Court under this chapter may be appealed to the Tribal Court of Appeals. The Tribal Court of Appeals may review the decision of the Tribal Court and vacate decisions found to be inconsistent with the standards in this chapter and remand the application for issuance of a new decision in compliance with this chapter.

(m) Distribution of Decision. The Tribal Court shall cause a copy of the decision to be distributed to the applicant, the applicant’s representative, other parties in interest, the appropriate field office for action consistent with the decision of the Tribal Court and the Tribal child support program.

(n) Tribal Court Hearing Limits. The Tribal Court hearing under this chapter is not a substitute for any constitutionally or statutorily required hearing under any other applicable laws. An aggrieved party may be represented before the Tribal Court by a spokesperson of the party’s choice, who is allowed to practice before the Tribal Court. Neither the Tribe nor the child support program shall pay any costs incurred by the aggrieved person in connection with the Tribal Court hearings under this chapter. [Res. 100801 (08/10/01); prior code § 7.06.515]

Code reviser’s note: Section 7.06.110 of Res. 100801 also repealed Subchapter 5 of the Domestic Relations Code (Chapter 7.08 PTC) and amended PTC 4.08.290(g).