Subchapter 3 - Enforcement

Section

2051. Withholding.
2052. Withholding Upon Notice from Obligee or Public Authority.
2053. Withholding Hearing; Service of Withholding Order.
2054. Effect of Notice or Order for Withholding; Commencement and Amount of Withholding; Orders from Other Jurisdictions.
2055. Priority.
2056. Employer Expenses.
2057. Notice from Obligor to Employer.
2058. Notice to Court Upon Termination of Employment.
2059. Order Terminating Income Withholding.


§ 2051. Withholding.

  • (a) Court-ordered child support shall be withheld from the obligor’s income, regardless of the source, in accordance with this subchapter.

  • (b) If a determination is made that an obligor has made excess child support payments, the Band Authority must be responsible to immediately reimburse the obligor. To recover its costs, the Band Authority may motion the Court to recoup the excess payments from the obligee.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29. T. II, § 1.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2051.
Band Ordinance 01-21.

§ 2052. Withholding Upon Notice from Obligee or Public Authority.

  • (a) Except as provided in § 2052(c), an employer or other payer of funds must withhold income or other payments from an obligor upon notice from an obligee or public authority when the following conditions are met:

    • (1) the obligor is at least 30 days in arrears in making Court-ordered child support payments to the obligee;

    • (2) the obligee or public authority serves written notice of income withholding, showing the current child support obligation and the amount of the arrearage, on the obligor at least 20 days before serving the notice of income withholding and a copy of the Court’s order establishing the child support obligation on the employer or other payer of funds;

    • (3) within the 20-day period, the obligor fails to move the Court for an order denying or changing the amount of withholding on the grounds that an arrearage of at least 30 days did not exist as of the date of the notice of income withholding, or that the notice contains a mistake of fact with respect to the amount of the current child support obligation or the amount of the arrearage; and

    • (4) the obligee or public authority serves a copy of the notice of income withholding, showing the current child support obligation and the amount of the arrearage, a copy of the Court’s order, and the provisions of this subchapter on the employer or other payer of funds.

  • (b) The obligor may, at any time, waive the written notice required by § 2052(a)(2).

  • (c) Income or other payments shall not be subject to withholding where:

    • (1) Either the custodial or noncustodial parent demonstrates, and the Court enters a finding, that there is good cause not to require withholding of income or other payments; or

    • (2) A signed written agreement is reached between the noncustodial and custodial parent, which provides for an alternative to withholding, and the agreement is reviewed and entered into the record by the Court.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, §§ 2.01, 2.03.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2052.

§ 2053. Withholding Hearing; Service of Withholding Order.

  • (a) Within 30 days from the date an obligor files a motion with the Court to deny or change the amount of withholding under § 2052(a)(3) of this Title, the Court shall hold a hearing on the motion and notify the parties of its decision.

    • (1) If the Court finds an arrearage of at least 30 days did not exist as of the date of the notice of income withholding, the Court shall enter an order denying withholding.

    • (2) If the Court finds that an arrearage of at least 30 days existed as of the date of the notice of income withholding, but that there was a mistake in the amount of the current support obligation or the amount of the arrearage, the Court shall order income withholding in the corrected amount. If the Court finds there was no mistake of fact, the Court shall order income withholding in the amount specified in the notice. If the Court orders income withholding, it shall order withholding to begin no later than the first pay period that occurs after 14 days following the date of the hearing.

  • (b) The Band Authority will promptly refund amounts which have been improperly withheld.

  • (c) If the Court issues an order for withholding under § 2053(a), it shall provide a copy of the order to the Band Authority. The Band Authority shall serve notice of the order on the obligor’s employer or other payer of funds using the standard Federal withholding form together with a copy of the order. The Band Authority must allocate amounts across multiple withholding orders to ensure that in no case shall allocation result in a withholding for one of the support obligations not being implemented.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, § 3.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2053.
Band Ordinance 01-21.

§ 2054. Effect of Notice or Order for Withholding; Commencement and Amount of Withholding; Orders from Other Jurisdictions.

  • (a) Notwithstanding any law to the contrary, a notice of withholding served in accordance with § 2052(a) of this Title or a withholding order issued and served in accordance with § 2053 of this Title, is binding on an employer or other payer of funds who is subject to the jurisdiction of the Band

  • (b) Withholding shall begin no later than the first pay period that occurs after 14 days following the date of service of the notice to the obligor’s employer or other payer of funds under § 2052(a)(4) of this Title or § 2053(c) of this Title.

    • (1) An employer shall not discharge, refuse to hire, or otherwise discipline an employee as a result of a wage or salary withholding authorized by this subchapter.

    • (2) An employer who is found to have violated this provision shall be subject to a fine of $500.00.

  • (c) Except as provided in § 2054(d) and (h), an employer or other payer of funds shall withhold and pay to the obligee or public authority, as specified in the notice served on the employer or other payer of funds:

    • (1) the obligor’s current child support obligation; and

    • (2) an additional amount not to exceed 20 percent of the current monthly obligation until the arrearage is paid.

  • (d) An employer or other payer of funds shall not withhold an obligor’s earnings more than the maximum amount permitted under the Consumer Credit Protection Act, 15 U.S.C. § 1673(b)(2).

  • (e) Absent an order to the contrary, if an arrearage exists at the time a support order would otherwise terminate, income withholding shall continue in effect or may be implemented in an amount equal to the support order until all arrears have been paid in full.

  • (f) If an employer or other payer of funds fails to withhold income or other payments in accordance with this subchapter, the employer or other payer of funds will be liable for the accumulated amount the employer or other payer of funds should have withheld from the obligor.

  • (g) The Band Authority is responsible for receiving and processing income withholding orders from States, Tribes, and other entities, and ensuring that such orders are properly and promptly served on employers and other payers of funds within the Band’s jurisdiction. The Band Authority will extend the full range of services available to respond to all requests from, and cooperate with, State and Tribal IV-D agencies.

  • (h) The Band, the Court, and the Band Authority will recognize child support orders issued by other Tribes and Tribal organizations and by States, in accordance with the requirements under the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B. The Court may not delay enforcement of any foreign child support orders.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, §§ 2.02, 4, 5.02.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2054.
Band Ordinance 01-21.

§ 2055. Priority.

  • (a) A notice or order for withholding under this subchapter or execution or garnishment upon a judgment for child support arrears shall have priority over any other attachment, execution, garnishment, or wage assignment and shall not be subject to the statutory limitations on amounts levied against the income of the obligor, except as provided for in this subchapter. Amounts withheld from an employee’s income shall not exceed the maximum permitted by law.

  • (b) In the event that there is more than one withholding order for child support for an obligor, the employer or other payer of funds shall put the orders into effect, giving priority first to amounts currently due and not in arrears up to the maximum amount allowed by law. If there are two or more orders for child support which cumulatively exceed the maximum amount allowed by law, the amount each obligee receives from the withholding shall be determined as the amount equal to the number of each obligee’s children for whom support payments are due as a percentage of the total number of children for whom support payments are due. This paragraph pertains to withholding only and shall not affect the actual amount of support ordered.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, § 5.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2055.
Band Ordinance 01-21.

§ 2056. Employer Expenses.

An employer or other payer of funds may deduct two dollars from the obligor’s remaining income or other payments for each payment made pursuant to a withholding order under this subchapter to cover the expenses involved in the withholding.

Historical and Statutory Notes

Source:
Band Ordinance 2-94, Ch. 29, T. II, § 6.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2055.

§ 2057. Notice from Obligor to Employer.

When an individual is hired for employment, the employer shall request that the individual disclose whether or not the individual has Court-ordered child support obligations that are required by law to be withheld from income and the terms of the Court order. The individual shall disclose this information at the time of hiring. When an individual discloses that the individual owes child support that is required to be withheld, the employer shall begin withholding according to the terms of the order and under this subchapter.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, §7.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2057.

§ 2058. Notice to Court Upon Termination of Employment.

When withholding is in effect and the obligor’s employment is terminated, the obligor and the obligor’s employer or other payer of funds shall notify the Court and the obligee or public authority responsible for child support enforcement of the termination within ten days of the termination date. The notice shall include the obligor’s home address and the name and address of the obligor’s new employer or payer of funds, if known. Information disclosed under this subchapter shall not be divulged except to the extent necessary for the administration of child support or when authorized by law.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, § 7.01.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2058.

§ 2059. Order Terminating Income Withholding.

Whenever an obligation for child support terminates under the terms of the order of this chapter, and where the obligation is enforced by income withholding from the obligor, the Court shall enter an order directed to the obligor’s employer or other payer of funds, which terminates the income withholding. The order terminating income withholding must specify the effective date of the order, referencing the initial order or decree establishing the support obligation.

Historical and Statutory Notes

Source:
Band Ordinance 26-94, Ch. 29, T. II, § 8.
Band Ordinance 06-10, Title III, § 2, Exhibit C, § 2059.