Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section YAE.09.05 — Actions For Establishment And Modification Of Child Support

(a) In a proceeding affecting the family, including but not limited to, the dissolution of marriage, custody, paternity or child support establishment and modification pursuant to this Chapter, the Tribal Court may order one or both parents of the minor child(ren) to pay an amount of child support to the custodial party pursuant to the guidelines in this Chapter. The Court shall provide notice to the parties that they can sign up for services with the Child Support Agency. For purposes of all actions affecting the family where there are minor children involved, the Agency shall be considered an interested party and shall receive notice from the Court of any proceedings in the case and have the right have the right to file a separate child support petition pursuant to the Agency's required procedures. The Agency shall prepare and file the child support petition or stipulation for the Court's consideration in a distinct child support action. Any deviations from the standards shall be noted in writing in the child support order. The Tribal Court shall consider the following relevant factors when determining child support:

(1) The financial, emotional, educational and medical needs of the child(ren);

(2) The financial resources of one or both parents;

(3) The standard of living the child(ren) would have enjoyed had the parents resided together.

(b) The Tribal Court shall refer all cases involving child support or paternity to the Tribal Child Support Agency for review and recommendation. The parties shall comply with the Agency's program requirements. The Tribal Child Support Agency shall follow their procedures to establish a child support order consistent with tribal law for the Court's consideration.

(c) Child support shall continue until the child reaches the age of eighteen (18) years. Child support will continue until the child reaches the age of nineteen (19) only if enrolled in an accredited program to achieve a high school diploma and still resides full time with the payee. If this applies, the child support will terminate on the day following the high school graduation or the child's nineteenth birthday, whichever occurs first.

(d) Certified Child Support Orders. The court shall enter, certify and distribute a child support order, temporary or permanent, to the Agency, within five (5) days from the date of a hearing. The Agency shall provide the court with the draft order or provide such information as needed to assist the court in meeting this timeframe.