Title
A LEGISLATIVE ACT AMENDING TITLE 43 OF THE CHEROKEE NATION CODE ANNOTATED - MARRIAGE AND FAMILY;
REPEALING SECTION 512, SUBSECTION 3;
AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall amend Title 43, Section 512(3) by repealing said subsection.
Section 2. Purpose
The purpose of this legislative act is to repeal Subsection (3) of Section 512 of Title 43 of the Cherokee Nation Code Annotated to comply with Federal requirements for receiving a child support enforcement grant from the Administration for Children and Families.
Section 3. Legislative History
LA 12-05 March 21, 2005; LA 32-06 November 20, 2006
Section 4. Substantive Provisions of Law
§ 512 MODIFICATION, SUSPENSION OR TERMINATION OF
INCOME ASSIGNMENT ORDER.
A person obligated to pay support or the person entitled to the support may petition the Court to:
1. modify, suspend, or terminate the order for income assignment because of a
modification, suspension, or termination of the underlying order for support; or
2. modify the amount of income to be withheld to reflect payment in full of the
delinquency by income assignment or otherwise; or
3. suspend the order for income assignment because of inability to deliver
income withheld to the person entitled to support payments due to the failure of the person entitled to support to provide a mailing address or other means of delivery.
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 parts or provisions of this act.
Section 7. Effective Date: emergency declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.
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.