10.05.510 Guidelines for deviation from support obligation.
(A) The child support obligations found in the schedule (KTC 10.05.570) are presumptive and may be increased or decreased when based on the factors in this article and supported by the evidence.
(B) In deviating from the basic support obligation, the Tribal Court shall enter a written finding for the record that the application of the guidelines or schedule would be unjust or inappropriate, state the amount of support that would have been required under the schedule, and include justification why the order varies from the guidelines or schedule. The Tribal Court may take into consideration the following factors:
(1) Age(s) of the Child(ren). The obligation shall be set closer to the higher end of the basic support obligation for older children (columns B), and closer to the lower end of the basic support obligation for younger children (columns A). See schedule (KTC 10.05.570).
(2) Number of Children in Family. The obligation shall be set lower per child the greater the number of children for which the obligation is being paid. See schedule (KTC 10.05.570).
(3) Children from Other Relationships. The obligation may be set at a lower amount than it otherwise would be when either or both parents before the Tribal Court have children from other relationships to whom the parent owes a duty of support and is actually providing support.
(4) Seasonal or Nonrecurring Income. If the income of either parent is seasonal or nonrecurring, the obligation may be set at a lower amount than it otherwise would be, or it may be set on a schedule that varies the amount at different times of the year.
(5) Social Services Provided by Tribe or Other Agency. Whenever the Tribe or other agency provides health care, housing, or other basic needs for the child(ren) at no cost or reduced cost, such services may be considered as a basis for setting a lower amount of support than would otherwise be determined.
(6) Mentally or Physically Disabled Child. In the case of a mentally or physically disabled child, if the Tribal Court deems it appropriate, the Tribal Court may order support to continue past the age of emancipation and to be paid to the parent or guardian, with whom the child resides, or to the child. A child’s special needs may be considered as a basis for setting a higher amount of support than would otherwise be determined.
(7) Substantial Wealth. In the case of a parent with substantial wealth, if the Tribal Court deems it appropriate, the Tribal Court may set a higher amount of support than would otherwise be determined.
(8) Voluntary Unemployment. Unemployment shall not be cause for a finding of substantial hardship where the Tribal Court determines that the person contesting application of these guidelines, or supplemental policies adopted by the Court, has declined to pursue employment opportunities reasonably open to the respondent based on his or her ability and local employment opportunities. In such cases, the Court shall impute to the respondent that amount of income that the respondent is reasonably capable of earning and calculate a child support award based on the imputed income. [Res. 09-R-062 Title 2 § (7)(D), 4/30/2009.]