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 ?503(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 ?514
In determining the amount of c...
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