DMR.6.6.070 Deviation from Child Support Guidelines

(a) The Tribal Court may consider a deviation from the child support guidelines after the Court finds credible evidence that use of the guidelines is unfair to the child or to either of the parties and considering the following factors:

(1) The financial resources of the child.

(2) The financial resources of both parents.

(3) Maintenance received by either party.

(4) The needs of each party in order to support himself or herself at a level equal to the federal poverty guidelines.

(5) The needs of any person other than the child, whom either party is legally obligated to pay support.

(6) If the parties were married, the standard of living the child would have enjoyed had the marriage continued.

(7) The desirability of the custodial party to remain in the home as a full-time parent.

(8) The cost of childcare if the custodial party works outside the home or the value of custodial services performed by the custodial party if the custodial party remains at home.

(9) Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

(10) The physical, mental and emotional needs of the child.

(11) The child's educational needs.

(12) The tax consequences to each party.

(13) The use of net income rather than gross income.

(14) The best interests of the child.

(15) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.

(16) Any other factors which the Tribal Court in each case determines are relevant.

(b) Any deviation from the guidelines must be included in the written order for support.