3-3-24. SUPPORT OF CHILDREN.

  1. By Parents: When placement of a child is vested by the Court in an individual agency other than his parents or Government boarding schools, the Court may at the initial hearing or any subsequent proceeding inquire into the ability of the parents or any other person who may be obligated, to support the child and to pay any other expenses of the child, including the expenses of medical, psychiatric, or psychological examination or treatment, provided under Order of the Court. The Court may, after due notice and a hearing on the matter, require the parent(s) or other person to pay the whole, or part of such support and expenses, depending upon their financial resources and other demands of their funds. The amount so required to be paid shall be paid at such intervals as the Court may direct, and unless otherwise ordered, payment is to be made to the Clerk of the Tribal Court for transmission to the person or agency having placement of the child or to whom compensation is due. The Clerk of Court shall have authority to receive periodic payments toward the care and maintenance of the child, such as social security payments made in the name of, or for the benefit of, the child.
  2. Procedure for Payment: No Court Order issued under the preceding section against a parent or other person shall be entered unless Summons has been served, a voluntary appearance is made, or a waiver of service is given. The Summons shall specify that a hearing with respect to the financial support of the child will be held.
  3. Enforcement of Support Orders:
    1. An order entered under A and B of this Section against a parent or other person may be enforced by contempt proceedings, and shall also have the effect of a civil judgment at law. In addition to other remedies, the Court may issue an Order to any employee, trustee, financial agency, or other person, firm, or corporation, indebted to the parent or parents, or indebted to any other person ordered to make payments under this Code, to withhold and pay over to the Clerk of Court, money due or to become due in excess of the lesser of the following:
      1. The amount ordered to be paid by the Court under A and B of this Section; or
      2. One-fourth (¼) of the amount due or becoming due the parent or other person at each regular or usual pay-day or day of disbursement.
    2. A copy of such Order shall, if possible, be served on the adjudged liable party and the indebted party may request a hearing to determine the propriety of the Order.
  4. Support from Other Sources: If the Court finds that the parent(s) are unable to pay for full or partial support, examination, treatment, and other expenses of the child, and that no other provision for payment of such support has been made, or if the parent(s) or other person obligated to pay under the Court Order issued under this Chapter, have failed to make such payments, or if Summons could not be served upon the parent(s) or other persons under 3-3-24B, the Court shall request the Tribal Social Services or any other Tribal or public agency or department of the United States, or the State with funds available for such purposes to pay for such support and other expenses, and if such department or agency consents, it shall be so ordered by the Court.
  5. Payment Directly to Agency-Report to the Court-Visits: Payments for child support may be made to non-governmental agency in whom the Court vests legal custody, provided that the agency shall make periodic reports to the Court concerning the care and treatment the child is receiving and his responses to such treatment. Such reports shall be made at such interval as the Court may direct and shall be made with respect to each child at least every three (3) months. The agency shall also afford an opportunity for a representative of the Court to visit the child as frequently as the Court deems necessary.
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