DMR.6.6.050 Child Support Guidelines

(a) The Child Support Guidelines incorporated herein shall apply to all child support cases that come before the Tribal Court. Child Support Guidelines shall, at a minimum:

(1) Take into consideration all gross income of both parents;

(2) Take into consideration the number of children to be supported;

(3) Be based on specific descriptive and numeric criteria and result in a computation of an amount of child support sufficient to meet the basic needs of the child(ren).

(b) Gross Income. Child support is calculated utilizing the payer's gross income. Gross income is the combined income received by the payer before any taxes, retirement or other deductions are made. Gross income is derived from the following sources:

(1) Salaries and wages,

(2) Interest and investment income,

(3) Social Security Disability (SSDI) and old-age benefits,

(4) Net proceeds from worker's compensation or other personal injury awards,

(5) Unemployment benefits,

(6) Voluntary deferred compensation (pension, profit sharing),

(7) Military and veteran benefits,

(8) Undistributed income of a corporation,

(9) All other income, whether taxable or not, including per capita and compensation earned from committee work.

(c) Gross income does not include the following:

(1) Child Support,

(2) Foster care or kinship care payments,

(3) TANF,

(4) FoodShare (SNAP),

(5) Supplemental Security Insurance (SSI) benefits.

(d) Earning Capacity/Imputed Income.

(1) If the payer's income is less than the payer's earning capacity or is unknown, the Tribal Court may impute income at an amount that represents the parent's ability to earn, based on the parent's education, training and recent work experience, earnings during previous periods, current physical and mental health, and the availability of work in or near the payer's community.

(2) If the payer is unemployed the Tribal Court may impute income based on thirty- five (35) hours per week at the federal minimum wage.

(e) Minimum Orders. Every parent, regardless of income, has an obligation to provide financial support for their child(ren). A minimum order of $80.00 per month may be recommended to the Court in circumstances where imputed income is unavailable. Examples of these circumstances include but are not limited to:

(1) When the payer has no verifiable work history;

(2) When the payer has documented AODA issues and is actively involved in treatment;

(3) When the payer is incarcerated and either does not qualify for case suspension and/or is still receiving an income;

(4) Any other time as ordered by the Court.