DMR.6.6.080 Non-Cash Support

(a) The Tribal Court may consider the use of in-kind goods or services as limited or short-term non-cash support to satisfy support obligations on a case-by-case basis when all the following criteria is met:

(1) Payer has no means or resources to make cash payments and the payer can provide evidence to the Tribal Court that all reasonable efforts are being made to obtain gainful employment;

(A) Reasonable efforts include providing proof, in writing to LCO Child Support Services, that the Payer sought work at no less than two (2) places of business every week for four (4) consecutive weeks; and

(B) Payer must complete and submit a Financial Disclosure form to LCO Child Support Services and the Tribal Court.

(2) Payer and Payee agree to the terms of the non-cash support;

(3) The non-cash support has a specific market-dollar value identified; and

(4) The Tribal Court approves of the type and terms of the non-cash support obligation.

(A) Non-cash support is not allowed as an acceptable form of payment to meet an obligation of assigned child support for tribal or state agencies that are designated as the Payee on the child support case where an assignment of rights has been entered into.

(B) The Tribal Court Order must describe the type of non-cash support including the specific dollar amount of the goods or services based on current market value.

(C) The failure of the Payer to comply with an ordered non-cash obligation will result in the accrual of arrears in the dollar amount assigned to the goods or services.

(D) The Payee is required to complete and submit, to the LCO Child Support Services, a Notice of Failure to Meet Non-Cash Obligation no later than the last day of each month if the non-cash obligation was not met. Failure by the Payee to submit the Notice within the require timeframe will result in a presumption that the non-cash support was met and the child support account will be credited per the Tribal Court Order.