Title
A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE; ADDING PROVISIONS FOR GARNISHMENT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “Garnishment Code Act of 2006” and codified as Title 12, Sections 1170, et seq. of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this legislative act is to prescribe procedures by which parties owed a judgment debt or child support obligation/arrearage will be able to collect monies owed.
Section 3. Legislative History
None.
Section 4. Definitions
1170 - Terms Defined.
A. For the purposes of this subsection and Sections 1171.2 through 1171.4 of this title:
1. "Arrearage" means the total amount of unpaid support obligations;
2. "Delinquency" means any payment under an order for support which becomes due and remains unpaid;
3. "Income" or "earnings" means any form of payment to an individual regardless of source including, but not limited to, wages, gaming winnings, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by law;
4. "Disposable income" means income or earnings less any amounts required by law to be withheld, including, but not limited to, federal, state, and local taxes, Social Security, and public assistance payments;
5. "Obligor" means the person who is required to make payments under an order for support;
6. "Person entitled" or "obligee" means the person to whom a duty of support is owed as designated in the support order or as otherwise specified by the court;
7. "Payor" means any person or entity paying monies, income, or earnings to an obligor. In the case of a self-employed person, the "payor" and "obligor" may be the same person;
8. "...
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