Title
A LEGISLATIVE ACT AMENDING TITLE 10 OF THE CHEROKEE NATION CODE ANNOTATED - PATERNITY; REPEALING SECTION 111; AMENDING SECTION 110; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall amend Title 10, Section 111 by repealing said section, and shall amend Section 110.
Section 2. Purpose
The purpose of this legislative act is to repeal Section 111 and amend Section 110(C)(1) of Title 10 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 11-05 March 21, 2005; LA 30-06 November 20, 2006
Section 4. Substantive Provisions of Law
10 CNCA §110(C)(1)
1. An individual who has been legally determined to be the father of a child pursuant to
Section 104 of this title, or an individual who has been judicially or administratively
determined to be the father of a child shall be ordered to pay all or a portion of the costs of the birth and the reasonable expenses of providing for the child provided that liability for support provided before the determination of paternity shall be imposed for five (5) years preceding the filing of the action. The amount to be paid by the father shall be determined by applying the child support guidelines for establishing current support and applying the amount of the reasonable expenses against the percentage derived from the guidelines. No interest shall be applied to this amount retroactively. Provided, no birthing costs shall be assessed to the father if birthing services were provided by Indian Health Services unless Federal law or regulations provide otherwise.
§ 111 Father’s Liability for Expenses of Mother.
The father of a child born out of wedlock is liable for the reasonable expenses of the mother during the period of her pregnancy, confinement and recovery, whether or not the child is born alive. ...
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