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

Section YAE.09.13 — Post Judgment Modification Of Order.

(a) Every two (2) years from the date of the Order, the Tribal Child Support Agency Specialist shall initiate a review of the order to determine whether substantial changes of circumstances exist that merit a request for modification. The Agency shall petition the Court for modification if substantial changes of circumstances exist.

(b) The non-custodial parent, the custodial parent and any interested party has a right to ask for a review of their child support order. The review is done by the Tribal Court upon the request of the non-custodial parent, custodial parent or any other interested party, if there is a substantial change in circumstance.

(c) A substantial change in circumstance means:

(1) The child's placement is changed;

(2) Either parent or the child has a significant change in his or her finances that would lead to a change in child support of more than ten percent (10%) or forty dollars ($40.00) month;

(3) The payee is receiving public benefits and is required to have a current support order in place;

(4) It has been twenty-four (24) months since the date of the last child support order or revision to the child support order, unless the child support amount is expressed as a percentage; or

(5) A change has occurred and if the current circumstances had been in place at the time the order was issued, a significantly different order would have been issued.

(d) The Notice and Motion shall contain the name(s) of the Petitioner(s), Defendant(s), Co-defendants and the names and dates of birth of the children. The Notice and Motion shall be signed by the moving party and must include the date, time and location of hearing. The date of the hearing may be no earlier than ten (10) days from the date of service.

(e) The Notice and Motion shall indicate that each party has the right to be represented at their own expense.

Notices and Motions may be made by mail. A copy of the Notice and Motion shall be sent by regular mail to the non-moving party by the moving party. If the regular mail was not returned as undeliverable, the moving party shall file an Affidavit of Mailing which shall be filed in the docket with the Clerk of Court and shall constitute proof of service by mail.

(f) If the regular mail is returned as undeliverable, the moving party shall attempt personal service pursuant to Section YAE.09.06(e) or if that fails, service by publication pursuant to Section YAE.09.06(g).