Handbook on Child Support Enforcement
VII. CHILD SUPPORT ENFORCEMENT
FOR NATIVE AMERICAN CHILDREN
The Native American Child Support Program in the Federal Office of Child
Support Enforcement has been consulting with the Tribes and Native
American organizations to ensure that Native American children receive the
child support to which they are entitled. New provisions in the Personal
Responsibility and Work Opportunities Reconciliation Act (PRWORA) provide
more options to achieve this goal.
American Indian Tribes or Tribal organizations will be eligible to apply
for grants to operate full or partial child support enforcement programs.
The projects must meet child support enforcement criteria that will be
issued through regulations in mid-1998. Formal consultation is planned for
the proposed rules.
Native American reservations are governed by Tribal laws which may
differ from those of the States, just as laws differ from State to State.
The differences, and the various types of State and Tribal court systems,
sometimes make it difficult to enforce child support orders or to locate
absent parents on reservations.
However, some States and Tribes have entered into Cooperative Agreements
to facilitate obtaining child support for Native American children. If
Tribes do not operate child support enforcement programs, it is expected
that more Tribes and States will enter into Cooperative Agreements to work
together to carry out their child support responsibilities.
In the interim, Tribal and State child support staffs will continue to
pursue all available means to assist Native American children to receive
support. What works best, and barriers encountered, will be shared. This
will assist Tribes to decide how best to meet child support enforcement
requirements, through Tribal programs or Cooperative Agreements with
States.
My ex-husband is a Native American who lives and works on an Indian
Reservation. Can the CSE Program help get child support for my children?
It may be difficult to establish or enforce a child support order when
the non-custodial parent lives and works on an Indian Reservation if the
Tribe does not have an agreement with a State to establish or enforce each
other's child support orders. When a Tribe has an agreement with a State
CSE Agency to establish paternity, locate absent parents, or enforce or
modify child support orders, State and local CSE staff and the Tribal
courts work together to obtain the child support for Native American
children.
State CSE Agencies and OCSE are currently working with a number of
Tribes to develop cooperative agreements to solve the complex problems of
obtaining child support. Talk with your State or local CSE office about
the specific situation and how it can help. Be sure to provide any
information about any assets off the Reservation that your ex-husband may
have.
My ex-husband is a Native American living on a Reservation. My
caseworker hasn't been able to get any child support for my children. What
can I do?
Check with the Tribal leaders to see if there are any provisions
established by the Tribe for supporting Tribal children. Your children may
be eligible to receive special services (health, education, general
assistance payments, etc.), or some other kind of specialized assistance.
I am a Native American mother of a three-year-old and I live on a
reservation. His father is not Native American, does not live on the
Reservation, and does not fall under the jurisdiction of the Tribal Court.
How can I get him to help support his son?
Seek assistance for your child through the Tribe if you live on the
Reservation. If the Tribe does not have an agreement with the State, also
work directly with the IV-D office in the State, or local, OCSE office to
locate the father and establish a child support order.
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Handbook on Child Support Enforcement: Enforcement For Native American Children
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