DMR.2.8.050 Wage Assignment for Support or Maintenance

(a) Each order for child support or maintenance payments constitutes an assignment to the intended recipient of the support or maintenance of all income as described in Section DMR.6.6.050(a) which includes commissions, earnings, salaries, wages, pension benefits, workers compensation or unemployment insurance benefits, lottery prizes that are payable in installments and other money due or to be due in the future. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 65% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not exceed the amounts allowed to be intercepted for child support purposes pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

(b) Each individual ordered to pay child support or maintenance shall, under oath and under penalty of contempt of court, at the time of the order disclose to the court and the recipient of the child support or maintenance all of his or her sources of income, including the names and addresses of all payors of income to him or her. Such individual shall thereafter notify the Clerk of Court and LCO Child Support Program of any change of employer or addition or loss of source of income within ten (10) days of such change.

(c) LCO Child Support Program shall prepare and send to each employer and source of income a Notice of Income Withholding Order, using the federal form as required under 45 CFR 309.110, in an amount sufficient to ensure payment as provided in subsec. (a).

(1) The individual ordered to pay child support or maintenance wherein minor children are involved shall pay his or her obligation directly to the LCO Child Support Program until during any period of time when a wage withholding is not effectuated by an employer or other source of income.

(2) The individual ordered to pay maintenance wherein no minor children are involved shall pay his or her obligation directly to the Clerk of Court until during any period of time when a wage withholding is not effectuated by an employer or other source of income.

(d) Any employer or other source of income who receives an Income Withholding Order may deduct from each payment a sum not exceeding five (5) dollars as reimbursement for costs.

(e) Should an income withholding order not be in place immediately, the LCO Child Support Program must immediately issue a Notice of Income Withholding Order to the employer should the payor become delinquent equal to the support for one month.

(f) LCO Child Support Program will promptly terminate the income withholding order where there is no longer a current order for child support and all arrearages have been satisfied.

(g) LCO Child Support Program will promptly refund any amounts which have been improperly withheld.

(h) An employer shall not discharge or otherwise discipline an employee solely as a result of a wage or salary assignment authorized by this section.

(i) Should an employer fail to withhold child support payments pursuant to the terms of the income withholding order and remit said payments to the LCO Child Support Program within five (5) days of the pay period, the employer shall be responsible to pay the amounts that should have been withheld.

(j) The Court shall enforce a valid income withholding order made by another jurisdiction and shall not make modifications to that order except as allowed by applicable law. The Tribal Court is not required to honor any wage withholding order from a foreign jurisdiction unless said order has been submitted to the LCO Child Support Program who will register and file said order with the Court as a full faith and credit order.