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(A) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, custody or visitation, maintenance, or child support, the Tribal Court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support, without regard to marital misconduct. The parents’ obligation for support shall be based on the factors and guidelines set out below.

(B) The basic child support obligation derived from the Child Support Schedule (KTC 10.05.570) shall be apportioned between the parents based on each parent’s share of their combined monthly net income.

(C) Ordinary health care expenses are included in the Child Support Schedule. Extraordinary health care expenses not covered by private health insurance or Indian Health Service (i.e., those expenses that exceed five (5) percent of the basic support obligation) shall be shared by the parents in the same proportion as the basic child support obligation.

(D) Work-related day care and special child rearing expenses are not included in the Child Support Schedule. The parents shall share these expenses in the same proportion as the basic child support obligation. The Tribal Court may enter a child support order to include a duty to provide for day care expenses.

(E) The Tribal Court may deviate from the basic allocation formula if the child(ren) spend(s) a significant amount of time with the parent who is obligated to make support transfer payments.

(F) When combined monthly net income is less than six hundred dollars ($600), a support order for not more than twenty-five dollars ($25) per month per child shall be ordered.

(G) Neither parent’s child support obligation shall exceed thirty-five (35) percent of their net earnings unless good cause is shown, in which case the support obligation shall not exceed fifty (50) percent of their net earnings.

(H) All income and resources of each parent’s household shall be disclosed and considered by the Tribal Court. All such disclosures, including worksheets, paystubs, tax returns, etc., shall be confidential and available only to the parties and the Tribal Court, and solely for the purpose of establishing child support obligations.

(I) Before applying any disability benefits into gross income calculations, the Tribal Court shall consider the actual needs of the disabled party and the effect of the inclusion of such benefit on the disabled party, as well as the needs of the child(ren).

(J) The original order for child support may be made retroactive to the date of filing the petition. If the parent ordered to pay support was not served with the petition within sixty (60) days after filing and the Court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service. [Res. 22-R-198 Att. A, 11/17/2022; Res. 09-R-062 Title 2 § (7)(B), 4/30/2009.]