DMR.6.6.060 Basic Child Support Calculations

(a) Child support is a set amount based on the payer's gross income multiplied by the following percentages for the number of children in the case:

(1) 17% for one child,

(2) 25% for two children,

(3) 29% for three children,

(4) 31% for four children,

(5) 34% for five children or more.

EXAMPLE: Payer's gross monthly income is $3,000.00 and there is one minor child in the case. $3,000.00 x 17% = $510.00 monthly child support obligation.

(b) Serial Payer Credits. If a payer has more than one child support case, the amount of the prior child support order shall be deducted from his or her gross income and then multiplied by the percentages above.

EXAMPLE: The payer has a monthly gross income of $3,000.00 and has a prior child support obligation of $510.00 per month. There is one minor child in the second case. $3,000.00 -$510.00 = $2,490.00 adjusted gross income. $2,490.00 x 17% = $423.30 monthly child support obligation for the second case.

(c) Shared Placement. Shared placement calculations must be utilized when one parent has placement of the child(ren) overnight 25% (92 days) or more per calendar year.

(1) To determine the percentage, divide the number of overnight placements by 365 days per year.

(2) Calculate each parent's monthly income available for child support. If one or both parents have a prior child support obligation, determine the parent's adjusted gross income available for this child support order pursuant to Section DMR.6.6.070(b) above.

(3) Child support is based on each parent's income multiplied by the appropriate percentage standard and then multiplied by 150% (household maintenance expenditures for each parent), then multiplied by the percentage of time the other parent has with the children and then offsetting each parent's child support obligation against each other to determine child support for the month.

EXAMPLE: Parent A monthly gross income of $3,000.00. Parent B monthly gross income of $2,000.00. One child in the case and spends 100 overnights (110/365 = 27%) per year with Parent A. The remaining 265 overnights (265/365 = 73%) are spent with Parent B.

Parent A obligation is $3,000.00 x 17% = $510.00. $510.00 x 150% = $765.00. $765.00 x 73% = $558.45.

Parent B obligation is $2,000.00 x 17% = $340.00. $340.00 x 150% = $510.00. $510.00 x 27% = $137.70.

Parent A's monthly obligation of $558.45 minus Parent B's monthly obligation of $137.70 = $420.75.

Conclusion: Parent A pays Parent B $420.75 per month for child support.

(d) Split placement. Split placement calculations must be used when the parents have two or more children and each parent has placement of one or more, but not all, of the minor children.

(1) Calculate each parent's monthly income available for child support. If one or both parents have a prior child support obligation, determine the parent's adjusted gross income available for this child support order pursuant to Section DMR.6.6.070(b) above.

(2) Multiply the amount of adjusted gross income for each parent by the pro-rata percentage standard for the number of children in split-placement who are placed with the other parent. The pro rata percentage standard for the number of children in split-placement who are placed with the other parent is calculated by determining the appropriate percentage standard (ordinary percentages) for the total number of children, dividing the total number of children and adding together the percentages for the children in split-placement who are placed with the other parent as follows:

(A) 2 children = 12.5% for each child (25% divided by 2),

(B) 3 children = 9.67% for each child (29% divided by 3),

(D) 5 children = 6.8% for each child (34% divided by 5).

EXAMPLE: Parent A monthly gross income of $3,000.00. Parent B monthly gross income of $2,000.00. There are three minor children. Two children reside with Parent B and one child resides with Parent A.

Parent A obligation is $3,000.00 x 19.34% (two children) = $580.20. Parent B obligation is $2,000.00 x 9.67% (one child) = $193.40. Parent A's monthly obligation of $580.20 minus Parent B's monthly obligation of $193.40 = $386.80.

Conclusion: Parent A pays Parent B $386.80 per month for child support for two (2) children.

(e) Low-Income Payers. Payers whose income falls below 150% of the federal poverty level are considered low income payers. Child support will be determined pursuant to the low- income payer guidelines of the Federal Poverty Index.

(f) High-Income Payers. The Tribal Court may apply reduced percentages under paragraphs (a) or (b) below if the payer is considered to earn high income:

(1) The Tribal Court may apply reduced percentages to the proportion of a payer's monthly income available for child support that is greater than or equal to $7,000 and less than or equal to $12,500:

(A) 14% for one child,

(B) 20% for two children,

(D) 25% for four children,

(E) 27% for five or more children.

(2) The Tribal Court may apply the following percentages to the proportion of a payer's monthly income available for child support that is greater than $12,500:

(A) 10% for one child,

(B) 15% for two children,

(D) 19% for four children,

(E) 20% for five or more children.