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HOPI PARENTAL RESPONSIBILITY ORDINANCE

 

Section 1 - Short Title

This Ordinance shall be known as the Hopi Parental Responsibility Ordinance.

Section 2 - Statement of Policy.

A. It is the public policy of the Hopi Tribe to support the rights of children. Children represent a continuation of the Hopi way of life and of future generations. They must be loved and receive care. Parents and relations have a responsibility to contribute to the nourishment and support of then children. Parents must also establish the parentage of their children for tribal enrollment and for identity in family and clan relations.

B. Both parents have an obligation towards their children that includes much more than financial support; it includes time and attention as well as guidance and the teaching of Hopi values. While it is the policy of the Hopi Tribe to support these non-financial elements of parenthood, nothing in this Ordinance makes them mandatory.

C. Children shall be maintained as completely as possible from the resources of their parents. This Ordinance establishes a judicial process for the establishment of parentage; the establishment, modification and enforcement of child support obligations; and adds remedies to those already existing for child support enforcement. It also provides for a uniform schedule of child support payments to make awards more fair and to provide parties and judges with guidance in determining child support. This Ordinance shall be liberally construed to effectuate the policies stated herein.


Section 3 - Definitions

For purposes of this Ordinance:
  1. "Absent Parent" or "Non-custodial Parent" means a parent of a child or children, whether born during the course of marriage or outside of marriage, who is not the parent with primary physical custody or any person who otherwise has a legal obligation to provide support for that child or children.
  2. "Basic Visitation" means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time;
  3. "Child" means any person under the age of 18 or is over 18 and is enrolled full time in high school or a General Equivalency Diploma program, and is not otherwise emancipated, self-supporting, married, or an active member of the armed forces; or a person who is over the age of 18 and for whom equity demands continued child support as specified s in Section 14 of this Ordinance.
  4. Unless otherwise specified, "Child Support" as used in this Ordinance means the financial obligation a parent has towards his or her child or children, whether such obligation is established through judicial or administrative process, by stipulation of the absent parent, or by parentage of any child or children. The financial obligation of a parent shall be met through the payment of monies and/or through the provision of other goods and/or services, as ordered by the Court or agreed by the parties. Where goods and services are used to meet a child support obligation, the Court shall determine their reasonable monetary value and deduct this amount from the child support obligation determined by the guidelines. The cost of non-necessary gifts which are not agreed upon by the parents shall not be subtracted from a child support obligation.
  5. "Custodial Parent" means the person who exercises physical custody of the child or children on the basis of agreement between the parents, village decree or court order, or the absence of one parent. Unless otherwise provided by law, a guardian with physical custody of the child or children and standing in the position of the parent shall have the same rights to child support as a custodial parent.
  6. "Employer" includes all persons or entities who agree to compensate another person for services performed at that person or entity's request.
  7. "Garnishment" is the process whereby a court order is directed to an employer, bank, or agent holding monies or property of an absent parent, to make payments or deliver property to satisfy a child support obligation in accordance with the order.
  8. "Gross Income" includes income from any source and includes, but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends or other corporate distributions, severance pay, pensions, interest, trust income, annuities, capital gains, income from sales of Indian arts and crafts, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:
    1. "Gross Income" shall not include benefits received from means-tested public assistance programs (such as TANF, SSI, and Food Stamps) or child support received by a parent for the support of other children;
    2. Income from self-employment, rent, royalties, or proprietorship of a business means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support;
    3. Income from ownership in a partnership means the partner's share of gross receipts less ordinary and necessary expenses required to produce such gross receipts, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support.
    4. For seasonal or fluctuating income, gross monthly income shall be calculated by taking the annual income of the preceding year and dividing by twelve, unless the Court finds another method is more reasonable;
    5. Alimony actually paid in compliance with a court order shall be deducted from gross income;
    6. Child support actually paid by a parent for earlier born children who are not in that parent's custody shall be deducted from gross income; and
    7. A reasonable amount for a parent's obligation to support earlier-born children who are in that parent's custody shall be deducted from gross income. The duty to support subsequent children, however, shall not ordinarily justify reducing support owed to children of the parties, but may, if appropriate, act as a defense to subsequent petitions to increase support.
    8. The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after marriage.
  1. "Hopi" fully includes members or traditions of the Hopi Tewa of Arizona.
  2. "Hopi Child Support Registry" means the entity of the Hopi Tribal Courts that receives, distributes, and maintains records of child support payments.
  3. "Income" is defined as actual gross income of a parent if employed to full capacity, or potential income if unemployed or underemployed. The potential income of a parent will not be used in the calculation of child support unless a preponderance of evidence shows that the parent has a greater potential than actual income. The Court may choose not to make a finding of greater potential than actual income for a primary custodial parent actively caring for a child who is under the age of six or disabled. If potential income is used for the purpose of calculation of child support for the custodial parent, a reasonable child care expense should also be assumed;
  4. "Income Tax Refund Interception" is a remedy whereby any income tax refund of an absent parent shall be intercepted directly from the United States, any state, Hopi Tribe, or other Indian Nation for the payment of public and/or support debt.
  5. "Marriage" is an institution according to any practice recognized under Hopi law, including marriage according custom and tradition where sufficient evidence of such marriage is presented to the Hopi courts.
  6. "Obligor" shall mean the person with an obligation to pay child support.
  7. "Obligee" shall mean the person or agency with the right to receive child support.
  8. "Payor" shall mean a person or other entity with a present, legal obligation, whether as an employer, buyer of goods, debtor, pension fund, or otherwise, to pay an obligor. Persons whose obligation to pay is conditional may not be required to pay the amount to a child support obligee until the obligation is no longer conditional. Persons whose obligation is not a legal but a moral obligation are not payors for purposes of this Ordinance.
  9. "Parent" means the biological or adoptive mother or father of a child.
  10. "Parentage" means the condition of being the biological or adoptive mother or father of any child or children. The term includes both the paternity and maternity of any child or children.
  11. "Primary Physical Custody" means physical custody of a child or children 65 percent or more of the time.
  12. "Public Assignment of Child Support Rights" means the assignment of child support rights, including the right to establish or enforce child support or parentage, by the custodial parent to the Hopi Tribe or any state or federal agency. Such assignment may be in connection with the payment of benefits under the federal Temporary Aid to Needy Families (TANF) to or for the benefit of any child or children by the Hopi Tribe, or any state or federal agency, as a consequence of the failure of an absent parent to provide child support.
  13. "Shared Responsibility" means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.
  14. "Support enforcement agency" means a Hopi Tribal, federal, state official or agency authorized to engage in any of the following activities:
    1. Enforcement of support orders or laws relating to the duty of support;
    2. Establishment or modification of child support obligations;
    3. Determination of parentage; or
    4. Location of obligors or their assets.
  15. "TANF" means Temporary Assistance for Needy Families, the government benefit program to support families with dependent children that has replaced AFDC.
  16. "Wage Assignment" means a voluntary written assignment of earned wages which is submitted to an employer, authorizing the employer to pay a portion of the earned wages of the employee to or for the benefit of a child.

Section 4 - Jurisdiction for Child Support Determination; Proceedings Involving

Village Members

A. The Hopi Tribal Court shall have jurisdiction in all civil proceedings described in this Ordinance, except that the Hopi Villages have original jurisdiction in all proceedings involving Village members.

B. If the child is a member of a Hopi Village, the petitioner must file a copy of the petition with the kikmongwi or other leader of the child's Village at the same time as filing it with the Court. The copy to the Village shall contain the following statement:

The Hopi Tribal Court does not have original jurisdiction over this matter pursuant to Article III, Section 2, of the Hopi Constitution. Your Village may choose to handle this matter in the way traditional to your Village; request the services of the Hopi Tribal Court to assist you in your processing of this matter; intervene in this action; or delegate jurisdiction to the Hopi Tribal Court. The deadline for your reply stating the decision of the Village is 20 days from date of filing.
If within 20 days the Village informs the Court that the Village intends to assume jurisdiction, the Court shall stay the matter pending the Village decision. If the Village informs the Court that it does not wish to resolve the matter, or fails to respond within 20 days, the court shall proceed with the matter.

C. Villages may request an extension of time to decide whether to handle the matter, and may request to reassume jurisdiction at any time, even though the deadline has passed. Villages may also choose to handle only one aspect of a dispute presented to them, and delegate remaining issues to the Courts for resolution.

D. A Village decision regarding parentage and/or child support may be enforced by the Hopi Tribal Court through an appropriate action brought before that Court. The Hopi Tribal Court shall also certify Village decisions as having the same force and effect as a court order upon presentation of sufficient evidence of the Village decision.

Section 5 - Court Initiated Child Support Determination

In any proceeding before the Hopi Tribal Court in which there is at issue the support of a child the Court shall determine the support obligations of the parents and enter an order of child support according to this Ordinance. Divorces involving children are one example of such a proceeding.

If, after the passage of this Ordinance, the Court fails to determine child support when such a matter is before it, the person caring for the child may request back support from the time at which the Court heard the original matter.

Section 6 - Child Support Determination Initiated by Custodial Parent or Other

Interested Party

A. An action to determine child support or parentage may be initiated at any time before the child in question has his or her eighteenth birthday, or thereafter under circumstances specified in Sections 3.C or 16 of this Ordinance. Any custodial parent or guardian, with or without an attorney, or any Tribal, state or federal agency authorized to enforce the child support laws may initiate an action for child support by filing a petition for establishment of child support with the clerk of the Hopi Tribal Court and, if the parties are members of a Village or Villages, with the kikmongwi or leader of the child's Village.

B. The petition to establish child support shall include the following:

1. The name, address, income and tribal affiliation, if any, of the custodial parent or guardian;

2. The name, date of birth, and tribal affiliation, if any, of the child or children for whom support is requested;

3. The cost of the children's health care and dental insurance premiums paid by the custodial parent, if any;

4. The cost of child care necessary to permit the parent to work;

5. Any extraordinary costs associated with caring for the child, such as necessary medical costs or education costs or costs of transportation for visitation between parents sharing custody;

6. If custody is split between the parents, the percentage of the year (calculated as numbers of days in the year with each parent) during which the petitioner has physical custody of the child;

7. The name and tribal affiliation, if any, of the non-custodial parent from whom support is requested and whether parentage by the non-custodial parent has been established;

8. If known, the social security number, address, and income of the non-custodial parent. If the address of the non-custodial parent is unknown, the court shall refer the matter to the Federal Parent Locator Service.

C. The petition to establish parentage shall include the following:

1. The name, address, and tribal affiliation, if any, of the custodial parent or guardian;

2. The name, date of birth, and tribal affiliation, if any, of the child or children whose parentage is at issue;

3. The name and tribal affiliation, if any, of the person who is claimed to be the parent;

4. If known, the social security number and address of the non-custodial parent.

5. Evidence of parentage including, but not limited to, birth certificates, marriage or sharing residence of the parties, or genetic tests performed.

D. Upon receipt of the petition, the Court shall schedule a hearing to determine child support within 50 days from the date the petition is filed. The Clerk of the Court shall issue a summons providing notice of the date and subject matter of the hearing with a copy of the petition to the petitioner for service on the respondent. The summons shall inform the respondent of the following:

1. That if he or she chooses not to appear at the hearing or enter a defense to the petition challenging the authority of the court to hear the matter by the date of the hearing, the hearing shall proceed on the basis of the petitioner's evidence;

2. That parentage will be established at the hearing if parentage has not yet been established and that genetic tests will be ordered if parentage is disputed;

3. That the respondent's employer or others with evidence of the parent's income may be subpoenaed to provide the Court with records of his or her earnings;

4. That if the respondent is unemployed he or she will still be assumed to be able to provide some degree of child support and an order of support will be calculated according to the Guidelines unless the Court makes written findings of injustice in their application to the respondent pursuant to Section 16(F) of this Ordinance;

5. That he or she may enter into a stipulated support agreement or voluntary acknowledgement of parentage as stated in this Ordinance;

6. That any answer to the petition must be filed within 20 days of the date of service of the petition.

The petition shall be served in person, unless service in person is not feasible.

If personal service is not feasible, the petition may be served by certified mail on the last known address of the respondent or by other method approved by the Court.
    1. Answers must be served on the petitioning party and filed with the Court within 20 days of the date of service of the petition.
    2. Upon request of either party the Court shall issue subpoenas to the adverse party, his or her employer, or any other person in possession of relevant information to appear or produce documents. Failure to comply with such a subpoena may be punishable as contempt of court.


Section 7 - Stipulated Agreement

At any time prior to the date of the hearing, the parties may enter into a stipulated agreement as to the establishment of parentage or the level of child support obligation. The court will not approve an agreement that provides for a level of child support that is substantially less than that provided for by the Hopi Tribal Child Support Guidelines established pursuant to Section 16 of this Ordinance. If the respondent contends that the Guidelines are unjust as applied to his or her situation, he or she must establish this in a hearing before the Hopi Tribal Court, pursuant to Section 16(F) of this Ordinance.

The signed stipulated agreement shall be submitted to the Hopi Tribal Court for approval and enforcement. After said agreement is approved by the Court, it shall be filed with the Clerk of the Tribal Court with a statement that it shall have the same force as an order issued by the Court. The obligation of the non-custodial parent to pay child support shall commence on the date that the stipulated agreement is filed.


Section 8 - Hearing Procedures

A. Relevant Information

The factual determinations made at the hearing shall be limited to the parentage of the child or children and the income and expense information necessary to determine the appropriate level of support according to the Hopi Tribal Child Support Guidelines.

B. Use of Custom and Tradition; Validation of Traditional Marriages

The Hopi Courts should consider Hopi customs and traditions relevant to child support or parentage, including evidence of traditional marriage and birthing ceremonies, in making any determination under this Ordinance. Upon presentation of sufficient evidence by the parties, the Hopi Courts may also recognize traditional Hopi marriages for any purposes.

C. Discovery

In hearings in child support and parentage matters the Hopi Tribal Courts shall not be limited to discovery with the consent of both parties, but shall also have the power to utilize mandatory discovery procedures to obtain any information relevant to the establishment or enforcement of child support or parentage. These procedures shall include the following:

1. The inspection of property, examination and production of pertinent records, books, information, or evidence;

2. The subpoena of any person for testimony under oath, for production of documents or things, and for submission to genetic testing;

3. Punishment by contempt for refusal to comply with the discovery orders of the court.

D. Representation

Both parties have the right to representation at their own expense. Representatives shall be those authorized by the Hopi Court to appear before it and officers of Child Support Enforcement Agencies or other tribal officials authorized by the Hopi Tribe to represent those seeking child support on the Hopi Reservation.

E. Establishment of Parentage

1. If parentage is disputed, the Court shall order genetic testing of the parties, unless the Court finds good cause not to. If such test confirms parentage, the disputing parent shall pay the costs of testing. If the test disproves parentage, the petitioner shall pay the costs of testing.

2. A positive genetic test will establish a presumption of parentage. Such presumption can only be rebutted with clear and convincing scientific evidence. Unless a party objects to the results of testing in writing more than five working days before the hearing, such tests shall be admitted as evidence without need for foundation testimony or other proof of authenticity.

3. A birth certificate signed by the putative parent will also establish a presumption of parentage that can only be rebutted by clear and convincing evidence.

4. In the event that a genetic test is not available or not in the best interests of the child, evidence that the parties were married shall create a rebuttable presumption of parentage.

5. Testimony by the disputing parent as to the petitioning parent's infidelity is not competent evidence In a determination of parentage unless these is corroboration from another source.

F. Establishment of Level of Support

The Court shall establish the amount of the child support obligation of the absent parent by using the Hopi Tribal Child Support Guidelines provided in Section 16. The court shall not depart downward from the guidelines unless it makes written findings of injustice as applied to the respondent pursuant to Section 16(F) of this Ordinance. The standard of proof for establishment of the amount of the child support obligation shall be by preponderance of the evidence. The petitioner shall bear the burden of proof, except that the respondent shall bear the burden of proof that the guidelines are unjust as applied to the respondent.

G. Default

If the respondent fails to appear at the hearing upon a showing of valid service and the petitioner presents evidence of parentage or obligation by the absent party, the Court shall enter an order of parentage and child support obligation pursuant to the evidence.

Section 9 - Content and Effect of Order

    1. Monetary payments under a child support order shall be made to the Hopi Child Support Registry for distribution to the custodial parent or other resident guardian of the child. The Court may, however, order payments to be made elsewhere if there is a showing that it is in the best interests of the child. Payments of goods and services shall be made to the home of the child or elsewhere as the court orders or the parties arrange.
    2. Each order for child support or maintenance payments shall include an order that the absent parent and custodial parent notify the Hopi Child Support Registry of any change of employer or change of address within 10 days of such change.
    3. In the event the order contains a determination of child support obligation, the order shall be in favor of the child through his or her custodial parent or guardian. The payments may be made through another party or through a trust if there is a showing that payments through the custodial parent or guardian are not in the best interests of the child. The non-custodial parent has the burden of showing that the custodial parent is not the most appropriate trustee of child support payments for the child.
    4. A custodial parent who receives TANF benefits on his or her own behalf or for the benefit of a child shall, at the request of the agency, assign child support rights for the TANF beneficiary child or children, to the Hopi Tribe or other federal or state agency which makes TANF payments to the custodial parent, with the exception of any portion of the payment passed through to the custodial parent.
    5. The assignment of child support rights includes the right to prosecute any action to establish parentage, and to establish, modify, and/or enforce the amount of child support obligation, pursuant to this Ordinance or any other provision of applicable Hopi law. All such actions shall be brought in the name of the Hopi Tribe, or such other federal or state agency which made TANF payments to the custodial parents.
    6. In the event the order contains a determination of child support payments, the order shall provide for wage garnishment and reception of state and Indian gaming winnings and income tax refunds as a means for execution on any unpaid child support obligation.
    7. Wages shall also be subject to garnishment or voluntarily assigned before the non-custodial parent falls behind, as part of the original child support order or later upon motion of a party, unless there is a finding of good cause by the Court not to require garnishment or the parties have agreed in writing on an alternative method of ensuring payment.
    8. A child support order shall constitute a lien on the real or personal property of the person that it is filed against from the date of its filing in the office of the clerk of the court where any of the property is situated. A copy of the recorded notice shall be sent to the person whose property is attached at his or her last known address. Exceptions: Hopi ceremonial and religious property and real property held in trust are exempt from such liens. This section also cannot be used to supersede the role of the villages or clans in determining inheritance or use of land.
    9. Every child support order shall remain in effect until the eighteenth (18) birthday of the child for whose benefit it is entered, absent legal termination of parental responsibilities, such as emancipation or adoption of the child. If the child has not yet graduated from high school at the time of his or her eighteenth birthday, the order shall remain in effect so long as he or she is a full-time student in high school or a General Equivalency Diploma program.
    10. Where the non-custodial parent is a minor, the Court may, at its discretion, choose to make the child support enforcement order enforceable against the parents of the minor non-custodial parent.

Section 10 - Enforcement of Order

A. Notice of Delinquency

In the event that the non-custodial parent is at least one month delinquent in paying his or her child support obligation, the custodial parent or authorized public office may prepare and serve upon the non-custodial parent a notice of delinquency and filing the notice with proof of service on the Court. Service of the notice shall be effected by sending the notice by prepaid certified mail addressed to the non-custodial parent at his or her last known address, or by any method provided by law. The notice shall inform the non-custodial parent of the following:

1. The terms of the child support enforcement order sought to be enforced;

2. The period and total amount of the delinquency;

3. The procedures to avoid immediate withholding;

4. That an order to withhold income shall be served on the payor within 20 days after service is completed unless the non-custodial parent complies with the procedures to avoid withholding;

The notice of delinquency shall be verified and filed, with proof of service, with the clerk of the court.

B. Order to Withhold Income and Give Security for Debt

If, twenty days after completion of service of the notice of delinquency, the non-custodial parent has not filed a motion presenting good cause why income should not be withheld, the Court shall serve an order to withhold income on the employer or other payor of the non-custodial parent. Such order shall direct that the non-custodial parent's wages and other benefits be garnished in an amount equal to the monthly support payment. An additional twenty percent of the support payment, or such additional amount as the court may order after notice and hearing, shall be withheld each month to compensate for any accrued delinquent payment until the delinquency is satisfied.

A payor served with an order to withhold income shall begin withholding no more than 14 days after service of the notice. An order to withhold income shall be binding against future payors upon actual notice of the order or service by personal delivery or certified mail upon the payor. Pursuant to 28 U.S.C. § 1738B, such service shall be equally binding upon employees and payors not within the jurisdiction of the Hopi Courts.

C. Bond Requirement

Twenty days after the service of the notice of delinquency, the Court may require that a party post a bond, give security, or some other guarantee to secure payment of overdue support unless the non-custodial parent makes a sufficient showing of one of the first three grounds set forth in part D of this section.

D. Stay or Waiver of Order to Withhold Income

If the non-custodial parent wants to prevent an order to withhold income from being served, he or she must file a motion to stay service with the clerk of the Hopi Tribal Court within twenty days after service of the notice of delinquency. Grounds for the motion to stay service shall be limited to:

1. A dispute concerning the existence or the amount of the delinquency;

2. Non-compliance with this Ordinance; or

3. Evidence that the delinquency has been cured since the filing of the notice.

4. Evidence of a court approved agreement between the non-custodial parent and

the custodial parent for an alternative method of payment.

The court may only waive the order to withhold income if it finds that the non-custodial parent has met the burden of showing good cause why income should not be withheld and upon a written order of the reasons for such cause.

E. Criminal Sanction

Willful failure to comply with a Hopi Child Support Order may also be punishable as a criminal offense under the provisions in Hopi Ordinance 21 concerning Persistent Nonsupport (3.3.31), Failure to Obey Lawful Order of Court (3.3.84), Contempt of Court (2.15.3) and/or any other relevant provisions appropriate under the facts of the case.

F. Seizure of Property

Non-exempt property of the debtor may be seized and sold to execute a child support obligation that has been adjudicated delinquent by the courts, following the procedures provided by the Hopi Indian Rules of Civil and Criminal Procedure, with the addition that real as well as personal property may be sold. Ceremonial or religious property and real property held in trust are exempt from such writs of execution.

G. Suspension or Denial of Licenses

Upon receiving evidence of two refusals to comply with a lawful Hopi Child Support order, or evidence of willful failure to pay child support for at least one year, the Court shall order the suspension or denial of the non-paying parent's occupational, recreational, and motor vehicle licenses, unless the Court finds that it would not be in the best interest of the child to suspend such licenses. A court order to suspend or deny such licenses shall be binding on and given effect by the license issuing agencies. If license issuing agencies not within the jurisdiction of the Hopi tribe refuse to give effect to such orders, the party seeking suspension should submit the order to the court of the license issuing agency for full faith and credit as an order of that court.

H. Enforcement of Orders for Provision of Goods and Services

Failure to comply with an order to provide goods and services to meet a child support obligation may be enforced in the same manner as orders for monetary support, except that the Court may not physically compel persons to perform services. Income may be withheld or property seized and sold to provide the custodial parent with the monetary value of the goods and/or services that were not provided.


Section 11 - Modification of Order; No Modification of Past Due Support


The child support obligation of an absent parent may be modified upon entry of an order by the Hopi Court. Either parent may petition the Court for an order based upon a showing of a change of circumstances supported by affidavit. Such petition shall require the other parent to appear and show cause why the decision previously entered should not be prospectively modified. The order to appear and show cause together with a copy of the affidavit upon which the order is based shall be served by the petitioning parent on the other parent in the same manner as the notice of delinquency. A hearing shall be set for not more than 50 days from the date of service.

A change in the Hopi Tribal Child Support Guidelines shall constitute a change in circumstances and shall justify modification of a child support order. The amounts of past due support may not be modified unless there is a showing of exceptional circumstances, such as insanity or lack of any legal, actual, or constructive notice of the award, that prevented the non-custodial parent from requesting a modification in the child support obligation. If the child support award becomes unjust due to changed circumstances of the non-custodial parent, the non-custodial parent has the duty to petition the court for a changed award at that time. He or she may not raise that change in circumstances as a reason not to pay a past due award.

Section 12 - Employers Must Donor Wage Assignments and Garnishments; Retaliation Prohibited.

No employer shall refuse to honor an order of garnishment entered by the court or a voluntary wage assignment executed pursuant to this Ordinance. Employers shall begin withholding income no more than 14 days after receipt of a true copy of the order.

No employer may discharge or take other adverse action against any employee because his or her wages have been subjected to assignment or garnishment for child support. An employer may, however, deduct the actual costs of complying with an order of garnishment or wage assignment, not to exceed five dollars, from the amount garnished or assigned. The employer must justify such deductions in a written itemization presented to the Hopi Child Support Registry and forwarded to the parties.

Section 13 - Full Faith and Credit for Foreign Child Support Orders

A. Properly issued court and administrative orders, judgments or decrees of other Indian tribes, states, or federal agencies, that relate to child support enforcement, will be given full faith and credit pursuant to 28 U.S.C. § 1738B. Such orders will be considered properly issued where the issuing tribunal had personal jurisdiction over the person claimed to be bound by the foreign order, subject matter jurisdiction over the matter, proper service of process under the law of the issuing jurisdiction was made on such person, and the order was issued according to the laws of that tribunal.

B. A foreign order is authenticated by reasonable proof that the document tendered to the Clerk of the Hopi Tribal Court is a true copy of the foreign order as it is recorded in the agency or court of the issuing jurisdiction. An authentication stamp issued by a clerk of court or custodian of records, or a court seal, is sufficient evidence of authenticity. Unless defects in jurisdiction are apparent on the face of the foreign order, the person contesting enforcement of the order has the burden of showing the order is not valid. If the respondent does not respond and object within twenty days after being served with notice of the application for full faith and credit, the Hopi Tribal Court shall recognize and enforce it as a Hopi Tribal Court Order.

C. Where a foreign order is invalid by reason of a lack of jurisdiction in the agency or court of the issuing jurisdiction, the Court may adopt some or all of its provisions as an original order of the Court after determining that the respondent was given sufficient notice and opportunity to present evidence and that the provisions adopted do not contravene Hopi law or policy.

Section 14 - Post Minority Child Support

The Hopi Tribal Court has equitable jurisdiction to order a non-custodial parent to pay child support for the benefit of a child who has reached the age of majority (18 or older) if equity demands. Circumstances that may support an order of post minority support include the following:

1. Full-time enrollment in post-secondary academic or vocational school by a child under thirty. Such support shall cease during any periods during which the child is not a full-time student, excluding summer vacations.

2. Serious physical or mental disability of the child which prolongs his or her dependence on his or her parental income past the age of eighteen. A court ordering post-minority support shall state. the reasons for doing so in writing. Amounts established for post-minority child support shall be those determined by the court to be fair and appropriate under the circumstances. As provided earlier in this Ordinance, children who have not graduated from high school by the age of eighteen are entitled to child support as provided by the guidelines so long as they are full time students in high school or General Equivalency Diploma programs.

Section 15 - Sovereign Immunity of the Hopi Tribe

Nothing in this Ordinance is intended to abrogate or otherwise impair the sovereign immunity of the Hopi Tribe.

Section 16 - Hopi Tribal Child Support Guidelines.

A. Introduction

The Hopi Tribe here establishes a scale of minimum financial child support contributions. This scale shall be used to determine the amount an absent parent shall pay for support of his or her child or children pursuant to this ordinance.
The Hopi Tribal Child Support Guidelines are based on the Income Shares Model. The Income Shares Model is predicated on the concept that a child should receive the same proportion of parental income that he or she would have received if the parents lived together. Under this model, a basic child support obligation is computed based on the combined income of the parents (replicating total income in a two-parent household). Each parent is responsible for providing a portion of that child support obligation in proportion to the fraction of the combined parental income that they earn. The custodial parent, however, will ordinarily be assumed to already be expending his or her portion of the child support obligation on the daily needs of the child.
The guidelines place a duty for child support upon both parents based on their respective financial resources. They are not intended to impoverish or impose unreasonable obligations on the non-custodial parent. Instead, they are intended to ensure that parents with the ability to contribute to their children's support contribute as they would if their children lived with them. In all but exceptional circumstances parents are assumed to be able to contribute something to their children's support, whether in financial support or equivalent goods and services.
The guidelines shall be reviewed by a Committee one year after the effective date of this Ordinance to ensure that they respond effectively and justly to the needs of Hopi children and families. The Committee shall have no less than four members, and shall at a minimum include one representative or delegate from each of the following entities: the Hopi Tribal Courts; the Office of the Hopi General Counsel; the Office of the Chairman; and the Hopi Guidance Center. Thereafter, the Committee shall review the Guidelines for possible revision at least once every four years to ensure that the amounts provided for in the guidelines are periodically adjusted for increases or decreases in the costs associated with the care and support of children within the Hopi Reservation. The Hopi Tribal Council may authorize the revisions recommended by the Committee without reconsidering the entire Ordinance.

B. Purposes of the Child Support Guidelines.

The purposes of the child support guidelines are to:

1. Establish as Hopi policy an adequate standard of support for children, subject to the ability of parents to pay;

2. Make support payments more equitable by ensuring more consistent treatment of persons in similar circumstances; and

3. Improve the efficiency of the court process by promoting settlements and giving guidance in establishing levels of child support to the Hopi Tribal Courts and the parties.

C. Use of the Child Support Guidelines.

In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall create a rebuttable presumption for the amount of such child support obligation. The Hopi Tribal Child Support Guidelines shall be used for temporary and permanent orders, separations, dissolutions, and support decrees. The Hopi Tribal Child Support Guidelines shall be used by the Hopi Tribal Courts as the basis for reviewing the adequacy of child support levels in non-contested cases as well as contested hearings.

D. Determination of the Child Support Amount.

To establish or modify child support, the child support guidelines as set forth shall be applied to determine the amount of child support due. A specific amount of child support should always be ordered, no matter how minimal, to establish the principle of that parent's obligation to provide physical support to the child.

1. The basic child support obligation shall be calculated based on the combined

income of both parents and shall be paid by them proportionately pursuant to the worksheets provided in the Appendix. Unemployment shall not excuse the parent from the obligation to contribute some degree of support, unless otherwise provided under these guidelines.

2. Physical Custody adjustments shall. be made as follows:

a. For basic visitation situations, the basic child support obligation shall be calculated using the Basic Child Support Schedule, Worksheet A and instructions provided for Worksheet A. The Court may provide for a partial abatement of child support for visitation of one month or longer; and

b. For shared responsibility arrangements, the basic child support obligation shall be calculated using the Basic Child Support Schedule, Worksheet B and instructions provided for Worksheet B.

c. In shared responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five.

3. The cost of providing necessary medical, dental and behavioral health care for the children of the parties and the net reasonable child care costs incurred on behalf of these children due to employment or job search of either parent shall be paid by each parent in proportion to his or her income, in addition to the basic obligation. Each parent shall provide their proportional share of the cost of supplemental medical and dental insurance which may be available to them through their employment and is necessary to provide full coverage of the needs of the child.

4. The child support award may also include the payment of the following expenses not covered by the basic child support obligation:

a. any extraordinary medical, dental or behavioral health expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($10(1) per child per year;

b. any extraordinary educational expenses for children of the parties; and

c. transportation and communication expenses necessary for long distance visitation or time sharing.

E. Orders for Provision of Goods and/or Services

1. The child support obligation calculated under the guidelines may, under order of the Court or as agreed in writing by the parties, be satisfied in whole or in part through the provision of goods and/or services to the custodial parent. The Court shall determine the reasonable monetary value of the goods and services and deduct this amount from the child support obligation determined by the guidelines. The cost of non-necessary gifts which are not agreed upon by the parents shall not be subtracted from a child support obligation.

2. Absent other findings by the Court, where the non-custodial parent has sufficient disposable income, monetary payments should be preferred as easier to record, enforce, and use to satisfy the specific needs of the child.

3. Absent other findings by the Court, where the non-custodial parent has little disposable income and can contribute more to the child through provision of goods and services than in monetary payments, orders to satisfy child support obligations through the provision of goods and services should be preferred.

4. Orders that goods and services be delivered to the household of the child or the custodial parent should not be made if there is evidence that the non-custodial parent poses a threat to any member of the household.

F. Deviations from Guidelines
      1. The Court may order child support in an amount different from that which is provided in these guidelines, only if all of the following five criteria are met:


a. The party requesting deviation shows by a preponderance of the evidence that application of the guidelines is clearly inappropriate or unjust in the particular case; and

b. Deviation is in the best interest of the child or children for whom the child support obligation is being established; and

c. The Court states what award is recommended by application of the guidelines; and

d. The Court states the amount of child support which is actually awarded after the deviation; and

e. The Court makes written findings regarding items (a) through (d), above.


2. Where application of the guidelines would cause substantial hardship to the non-custodial parent, the custodial parent, or the subject children under the circumstances, deviation downward or upward may be justified.

3. Whenever application of the child support guidelines set forth in this section requires a person to pay to another person more than forty percent of his gross income for current, non-delinquent support of a single child, there shall he a presumption of substantial hardship.

4. Unemployment shall not be a cause for a finding of substantial hardship where the court determines that the person contesting application of the guidelines is voluntarily unemployed, having declined to accept or pursue employment opportunities reasonably open to the respondent based on his or her ability and local employment opportunities. In such cases, is the court shall impute to the respondent that amount of income that the respondent is reasonably capable of earning and calculate a child support award based on this imputed income.
5. Courts should consider whether the obligor can without substantial hardship provide goods and services with a monetary value equal to the amount recommended by the guidelines before deciding to deviate from the guidelines because of substantial hardship.

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information

Combined

Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

<300

50

50

50

50

50

50

300

66

105

120

125

130

140

400

88

140

160

170

180

190

500

110

175

200

240

270

285

600

132

210

240

270

285

300

650

145

227

270

298

323

346

700

152

238

283

313

339

362

750

160

249

296

327

354

379

800

168

261

310

343

371

397

850

177

273

324

358

388

416 .

900

185

285

339

374

406

434

950

194

297

353

390

423

452

1000

202

310

367

406

440

471

1050

211

322

381

422

457

489

1100

219

334

396

437

474

507

1150

228

346

410

453

491

526

1200

236

358

424,

469

508

544

1250

245

370

439

485

526

562

1300

254

383

453

501

543

581

1350

262

394

466

515

558

597

1400

271

406

480

531

575

616

1450

281

418

495

547

592

634

1500

290

430

509

562

609

652

1550

299

442

523

578

626

670

1600

308

454

537

594

643

688

1650

317

467

551

609

660

707

1700

327

479

566

625

678

725

1750

336

491

580

641

695

743

1800

345

503

594

656

712

761

1850

354

515

608

672

728

780

1900

363

527

622

688

745

798

1950

371

539

637

703

762

816

2000

379

551

651

719

779

834

2050

388

563

665

735

796

852

2100

396

575

679

750

813

870

2150

405

588

693

766

830

888

 

 

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be

used together with the accompanying information

 

Combined Adj. Gross Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

2200

413

600

707

782

847

907

2250

421

612

721

797

864

925

2300

430

624

736

813

881

943

2350

438

636

750

829

898

961

2400

447

648

764

844

915

979

2450

455

660

778

859

932

997

2500

463

671

790

873

947

1013

2550

469

680

802

886

960

1028

2600

476

690

813

898

973

1042

2650

483

699

824

910

987

1056

2700

489

709

835

922

1000

1070

2750

496

719

846

935

1013

1084

2800

503

728

857

947

1026

1098

2850

510

738

868

959

1040

1113

2900

516

747

879

971

1053

1127
  1.  

523

757

890

984

1066

1141

3000

530

766

901

996

1080

1155

3050

536

776

912

1008

1093

1169

3100

543

785

923

1020

1106

1184

3150

548

793

932

1030

1117

1195

3200

553

800

941

1039

1127

1206

3250

558

807

949

1049

1137

1217

3300

562

814

958

1058

1147

1228

3350

567

821

966

1068

1157

1239

3400

572

828

975

1077

1168

1249

3450

577

835

983

1087

1178

1260

3500

581

842

992

1096

1188

1271

3550

586

849

1000

1105

1198

1282

3600

591

856

1009

1115

1209

1293

3650

596

863

1017

1124

1219

1304

3700

601

871

1026

1134

1229

1315

3750

605

878

1034

1143

1239

1326

3800

610

885

1043

1152

1249

1337

3850

614

890

1049

1160

1257

1345

3900

618

896

1056

1167

1265

1353

3950

623

902

1062

1174

1272

1361

 

 

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be

used together with the accompanying information

 

Combined Adj. Gross

Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

4000

627

907

1068

1181

1280

1369

4050

631.

913

1075

1188

1287

1377

4100

635

919

1081

1194

1295

1385

4150

639

924

1087

1201

1302

1393

4200

644

930

1093

1208

1310

1401

4250

648

936

1100

1215

1317

1410

4300

652

942

1106

1222

1325

1418

4350

656

947

1112

1229

1332

1426

4400

660

953

1119

1236

1340

1434

4450

664

959

1125

1243.

1347

1442

4500

669

964

1131

1250

1355

1450

4550

671

969

1136

1255

1361

1456

4600

674

973

1141

1261

1366

1462

4650

677

976

1146

1266

1372

1468

4700

679

980

1150

1271

1377

1474

4750

682

984

1155

1276

1383

1480

4800

685

988

1159

1281

1388

1485

4850

687

992

1163

1285

1393

1491

4900

690

995

1168

1290

1399

1496

4950

692

999

1172

1295

1404

1502

5000

695

1003

1176

1300

1409

1508

5050

697

1006

1181

1305

1414

1513

5100

700

1010

1185

1309

1419

1519

5150

703

1014

1190

1315

1425

1525

5200

706

1018

1195

1320

1431

1531

5250

710

1024

1201

1327

1439

1539

5300

715

1031

1209

1337

1449

1550

5350

720

1039

1218

1346

1459

1561

5400

726

1046

1226

1355

1469

1572

5450

731

1054

1235

1365

1479

1583

5500

736

1061

1243

1374

1490

1594

5550

742

1068

1252

1383

1500

1605

5600

747

1076

1260

1393

1510

1616

5650

752

1083

1269

1402

1520

1626

5700

757

1091

1277

1412

1530

1637

5750

763

1098

1286

1421

1540

1648