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Tribal Child Support: Basics and Beyond

Tribal Child Support: Basics and Beyond. Lisa Schwartz, Director, Oneida Jerry Sweet, Administrator, EBCI. ERICSA 50 th Annual Training Conference & Exposition ▪ May 19 – 23 ▪ Hilton Orlando Lake Buena Vista, Florida. ERICSA. 50. CELEBRATES YEARS

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Tribal Child Support: Basics and Beyond

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  1. Tribal Child Support: Basics and Beyond Lisa Schwartz, Director, Oneida Jerry Sweet, Administrator, EBCI ERICSA 50th Annual Training Conference & Exposition ▪ May 19 – 23 ▪ Hilton Orlando Lake Buena Vista, Florida ERICSA 50 CELEBRATES YEARS OF SERVING FAMILIES: THE MAGIC IS STILL ALIVE ERICSA ERICSA ERICSA ERICSA ERICSA

  2. Tribal CSE Basic Questions? • WHAT DO YOU THINK OF WHEN YOU HEAR THAT TRIBES OPERATE THEIR OWN CHILD SUPPORT PROGRAM? • WHAT CONCERNS DO YOU HAVE? • WHAT ARE THE BENEFITS TO STATES WITH TRIBES OPERATING THEIR OWN PROGRAM? • WHY DO TRIBES OPERATE THEIR OWN PROGRAM?

  3. State and Tribal Programs • WHO PROVIDES BETTER SERVICE? • Equal partners both working towards a common goal. It’s just a different road. • Tribal members have a cultural responsibility to provide for their children. They may be more willing to work with their own tribal program as to avoid further tribal consequences.

  4. State and Tribal Programs • DO TRIBES HAVE TO DEVELOP PROGRAMS JUST LIKE THEIR STATE? • Tribal regulations are located at 45 CFR Part 309 • Tribal regulations differ from State regulations. • Tribes have no obligation to create or mimic their State child support program. • Often Tribes will utilize the same guidelines as their respective State for continuity of service and to avoid forum shopping.

  5. JURISDICTION • WHO DECIDES WHO HAS JURSIDICTION? • WHEN DOES A TRIBE HAVE JURIDICTION? • Tribal jurisdiction is defined by the individual tribe per the federal regulation. Each will be different. • WILL A TRIBE GIVE FULL FAITH AND CREDIT TO STATE ORDER? • WHEN DOES A STATE TRANSFER A CASE TO A TRIBE?

  6. INCOME WITHHOLDING • HOW DO STATES PROCESS A IWO FOR AN INDIVIDUAL WHO WORKS FOR TRIBES? • Many Tribes require that an IWO along with a certified copy of the court order be registered in tribal court to be recognized. This often applies with Tribes that do not have a IV-D program as well.

  7. INCOME WITHHOLDING • CAN THE IWO BE SENT DIRECTLY TO THE TRIBAL FINANCE OFFICE? • Each Tribe will have it’s own law or policy that outlines the procedure for enforcing an IWO on a tribal employer.

  8. INCOME WITHHOLDING • CAN A STATE ATTACH CASINO WINNINGS? • It’s at the individual Tribe’s discretion whether or not casino winnings are attachable. • CAN PER CAPITA BE ATTACHED? • Tribes typically have a per capita law that addresses if and for what purposes it can be attached. • Oneida allows attachment for only three purposes: 1. child support arrears 2. tribal debt 3. federal tax levy

  9. SERVICES • HOW CAN STATES GET SERVICES ON TRIBAL MEMBERS? • HOW CAN I VERIFY IF SOMEONE IS A TRIBAL MEMBER? • WHAT IF A CHILD IS ELIGIBLE FOR ENROLLMENT WITH A TRIBE, WHAT SHOULD A STATE OFFICE DO?

  10. STATE AND TRIBAL PARTNERSHIPS • WHY ARE PARTERSHIPS BETWEEN TRIBES AND STATES IMPORTANT? • WHAT IF I DON’T HAVE A TRIBE IN MY STATE? • HOW DO I KNOW IF A TRIBE HAS A CHILD SUPPORT PROGRAM? • Utilization of OCSE website • WHAT IS THE FUTURE FOR TRIBAL CHILD SUPPORT PROGRAMS?

  11. Thank You Questions? Lisa schwartz – lschwart@oneidanation.orgJerry Sweet – jsweet@otcse.com

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