DMR.6.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Acknowledgement of paternity" means both the mother and the father voluntarily signed and filed a form with the state registrar.

(b) "Adult child" means a person who is age eighteen (18) years or older.

(c) "Alleged father" means any male who might be the biological father of a child, including males who are 'presumed fathers,' except where paternity has already been established by a court order or other operation of law.

(d) "Arrears" means court ordered support that has accrued due to non-payment.

(e) "Best Interests of the Child" means a set of factors the judge will consider when determining the best interest of the child which may include:

(1) The child's age.

(2) The child's wishes, depending upon their age and maturity.

(3) Maintaining consistency for the child, which includes maintaining living arrangements, school, childcare routines, access to cultural resources, access to extended family members, and extracurricular activities.

(4) Evidence of protective parenting capacity. Whether a parent is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, parental guidance. This may include investigation into the parents' physical and mental health.

(5) Impact of changing the child's existing routine.

(6) The child's physical, behavioral, and emotional safety.

(f) "Child" means a person who is less than eighteen (18) years old who has not been emancipated by order of a court.

(g) "Child Support" means the financial obligation that a parent owes toward his or her child(ren), established through a court order.

(h) "Custodial parent" means the person who holds primary physical placement of the child(ren) pursuant to a court order, or who exercises primary physical placement of the child(ren) on the basis of an agreement between the parents or by the absence of one parent.

(i) "Federal poverty guidelines" means the poverty guidelines updated periodically in the Federal Register by the U.S. department of health and human services under the authority of 42 USC 9900 (2).

(j) "Genetic Testing" means a DNA paternity test or other approved testing used to establish that the alleged father is the child's biological father with a probability of paternity of 98% or higher.

(k) "Good faith payment" means a type of payment made as a sign that you have made an effort to pay.

(l) "Guardian" means a legal guardian with primary physical placement of the child(ren) and standing in the position of the parent and shall have the same rights to child support as a custodial parent.

(m) "Guardian ad Litem" means an adult person meeting the qualifications established by the Court and appointed by the Court to represent the best interest of a child for the duration of an action before the Court. Once appointed by the Court, the Guardian ad litem shall be a full party in the court action and shall have full access to the content of all Court files in the action.

(n) "Non-custodial parent" means the parent who does not hold primary physical placement of the child(ren) pursuant to a court order, or who does not exercise primary physical placement of the child(ren) on the basis of an agreement between the parents or by absence of one parent.

(o) "Parent" means the biological or adoptive parent of the child but does not include persons whose parental rights have been terminated.

(p) "Party" means the parent, guardian, child, guardian ad litem, Tribe, or Tribal Child Support Program to whom certain rights accrue, including, but not limited to, with certain restrictions and limitations; the right to be notified of proceedings; to retain counsel or, in some cases, to secure Court-approved spokespersons; to appear and present evidence; to call, examine, and cross-examine witnesses; the unlimited or restricted right to discovery and the inspection of records; and the right to request a hearing or appeal a final order.

(q) "Paternity" means fatherhood. 'Establish paternity' means identifying the father of a child and legally determining parentage.

(r) "Payee" means the parent who is the recipient of child support as a result of a court order.

(s) "Payer" means the parent who incurs a legal obligation for child support as a result of a court order.

(t) "Purge" means a condition that must be complied with in order to avoid going to jail for contempt of court.

(u) "Reservation" means lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(v) "Stayed" means a ruling by the Court halting a proceeding for a certain period of time OR halting a jail sentence upon compliance with certain condition(s). The Court can subsequently lift the stay and resume proceedings OR enforce a jail sentence.

(w) "TANF" means the Temporary Assistance to needy Families program, whether administered by the Lac Courte Oreilles Tribe, or another Tribe or a State.

(x) "Tribal Court" means the duly constituted court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as established by the Tribal Governing Board, with the judicial authority of the Tribe pursuant to Tribal Governing Board Resolution 76-10, dated May 27, 1976.

(y) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(z) "Variable costs" means the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of childcare, tuition, a child's special needs, and other activities that involve substantial costs.