Section ADM.04.09 — Limitations on Garnishment, Levy, Attachment.

(a) Anti-Alienation. Assistance payments under this Ordinance are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment, levy or garnishment by creditors of the Beneficiary, unless otherwise stated in this Ordinance.

(b) Garnishment In Some Cases. Except as otherwise authorized by federal law, Assistance shall be garnished only if the Council specifically designates within the Program Guidelines, or by law, that the Assistance shall be eligible for garnishment and such garnishment is subject to the following limitations.

(1) Judgments for Obligations Owed to the Tribe. The Tribe may garnish Assistance for payment to the Tribe for any amounts due to the Tribe as established by a court of competent jurisdiction by judgment. Any remaining funds will be distributed to the Beneficiary unless there is a judgment for child support per subsection (2).

(2) Judgments for Amounts for Child Support.

(A) A parent, guardian, court-appointed trustee, child support agency, or other individual or entity, who has lawfully provided for the support of any minor child, may submit a court-ordered withholding order or request the court-ordered garnishment of any responsible Beneficiary's Assistance for the support of the minor child.

(B) Garnishment for child support shall be effective only if there is a valid, final, court order or judgement that is enforceable in accordance with Stockbridge-Munsee Child Support Code, Chapter YAE.09; the Stockbridge-Munsee Recognition and Enforcement of Foreign Judgments, Section TCT.05.22; and the Full Faith and Credit for Child Support Orders Act (28 U.S.C. §1738B).

(C) If there are no judgments owed to the Tribe, then up to 100% of the Assistance may be garnished for child support.

(D) If the Beneficiary has obligations both to the Tribe under subsection (1) and this subsection (2) for child support, then the following shall be utilized.

(i) 50% of the Assistance will be allocated to the Tribe for satisfaction of judgments owed to the Tribe.

(ii) 50% of the Assistance can be applied to amounts owed for child support regardless of the number child support orders. If there is more than one child support order, than the allocation for child support should be apportioned equally among the child support orders.

(E) In the event the amount owed under either subsection (1) or (2) is less than 50% of the Assistance, then the remaining amount shall be allocated for the payment of the other debt.

(F) In the event the amount owed under both subsections (1) and (2) total less than 100% of the Assistance, the remainder shall be payable to the Beneficiary.