45 CFR 309.105 - What procedures governing child support guidelines must a Tribe or Tribal organization include in a Tribal IV-D plan?
(a) A Tribal IV-D plan must: (1) Establish one set of child support guidelines by law or action of the tribunal for setting and modifying child support obligation amounts;
(2) Include a copy of child support guidelines governing the establishment and modification of child support obligations;
(i) Require that Tribal support orders allowing non-cash payments also state the specific dollar amount of the support obligation; and
(ii) Describe the type(s) of non-cash support that will be permitted to satisfy the underlying specific dollar amount of the support order; and
(4) Indicate that child support guidelines will be reviewed and revised, if appropriate, at least once every four years;
(5) Provide that there shall be a rebuttable presumption, in any proceeding for the award of child support, that the amount of the award that would result from the application of the guidelines established consistent with this section is the correct amount of child support to be awarded; and
(6) Provide for the application of the guidelines unless there is a written finding or a specific finding on the record of the tribunal that the application of the guidelines would be unjust or inappropriate in a particular case in accordance with criteria established by the Tribe or Tribal organization. Such criteria must take into consideration the needs of the child. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(1) Take into account the needs of the child and the earnings and income of the noncustodial parent; and
Title 45 published on 2013-10-01
no entries appear in the Federal Register after this date.