Committee: Rules Author: Diane Hammons/Richard Osburn
Dale: 10-16-06 Committee Date: 10-26-O6 Sponsor: Cara Cowan Watts
An Act
Legislative Act 32-06
A LEGISLATIVE ACT AMENDING TITLE 43 OF THE CHEROKEE NATION CODE
ANNOTATED � CHILD SUPPORT; AMENDING SECTIONS 503, 511, AND 514
BE IT ENACTED BY THE CHEROKEE NATION: SECTION 1. TITLE AND CODIFICATION
This act shall amend the "Child Support Enforcement Act of 2005" and codified as Title 43, Sections 500 et seq., amending Subsection 503(B), adding Subsection 511(C), and amending Subsection 514.
SECTION 2. PURPOSE
The purpose of this legislative act is to amend Section 503 to define when the Office of Child Support Enforcement is required to modify a support order; add Subsection 511(C) to allow the Office of Child Support Enforcement to negotiate a lump sum settlement of an arrearage; and amend Section 514 to authorize the District Court to deviate from the support guidelines, either up or down, if it is in the best interest of the child(ren).
SECTION 3. LEGISLATIVE HISTORY
LA 12-05 March 21, 2005
SECTION 4. SUBSTANTIVE PROVISIONS OF LAW 43 CNCA �B)
B. The Office may petition the district court to modify any order for support regardless of whether there has been a change of circumstances. The Office of Child Support Enforcement shall be required to petition to modify an order of support, on request of the payor or payee, if the income of either party increases or decreases by 15% or more or if the combined incomes of the parties increase or decrease such that the difference in the combined monthly incomes of the parties is 15% more or less than the combined monthly income in the most recent support order.
43 CNCA 511(C)
The Office of Child Support Enforcement shall have the authority to negotiate a lump sum payment to settle a child support arrearage and interest due thereon. Consent of the payee and approval of the district court shall be required.
43 CNCA �
In determining the amount of child support to be awarded in divorce, separate maintenance and paternity determinations the district court shall follow the Oklahoma Child Support Guidelines. The district court shall have the authority to deviate from the guidelines, up or down, if the court finds that doing so is in the best interest of the child. The standard of proof shall be preponderance of the evidence.
SECTION 5. PROVISIONS AS CUMULATIVE
The provisions of this act shall be cumulative to existing law.
SECTION 6. SEVERABILITY
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining pails or provisions of this act.
SECTION 7. EFFECTIVE DATE
The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.
SECTION 8. SELF-HELP CONTRIBUTIONS
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.
Enacted by the Council of the Cherokee Nation on the 13th day of November, 2006.
Meredith A. Frailey, Speaker Council of the Cherokee Nation
ATTEST: Don Garvin, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 20th day of NOVEMBER, 2006.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Melanie Knight. Secretary of State Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Meredith A. Frailey YEA
Bill John Baker YEA John F. Keener YEA
Joe Crittenden YEA Cara Cowan Watts YEA
Jackie Bob Martin YEA Buel Anglen YEA
Phyllis Yargee YEA William G. Johnson YEA
David W. Thornton, Sr. YEA Charles "Chuck" Hoskin YEA
Don Garvin YEA Taylor Keen YEA
Linda Hughes-O'Leary YEA Jack D. Baker YEA
Melvina Shotpouch YEA
Cherokee Nation
Act/Resolution Proposal Form
X Act Resolution
TITLE: A Legislative Act Amending_ Title 43 of the Cherokee Nation Code Annotated � Child Support; Amending Section 503, 511, and 514
Department Contact: Diane Hammons/Richard Osburn
Resolution Presenter: Diane Hammons Council Sponsor: Cara Cowan Watts NARRATIVE:
(See Attached Outline for Information Needed)
The purpose of this legislative act is to amend Section 503 to define when the Office of Child Support Enforcement is required to modify a support order; add Subsection 511(C) to allow the Office of Child Support Enforcement to negotiate a lump sum settlement of an arrearage; and amend Section 514 to authorize the District Court to deviate from the support guidelines, either up or down, if it is in the best interest of the child(ren).
ADMINISTRATIVE CLEARANCE:
Program/Project Manager:
Signature Date
Department Director:
Signature Date
Group Leader:
Signature Date
Finance Approval (if needed):
Signature Date
Government Resources Group:
Date
Administration Approval:
LEGISLATIVE CLEARANCE
Legislative Aide:
Signature/Initial Date
Standing Committee:
Next Meeting Date
Chairperson:
Signature/Initial Date
Returned to Presenter: