10.05.530 Modification and termination of provisions for child support.
(A) A child support award may be modified upon a showing of a change of circumstances that are substantial and continuing as provided by Tribal law. A substantial and continuing change of circumstances will be presumed if support as calculated under this article is more than fifteen (15) percent greater or less than the outstanding support order.
(B) An order of child support may be modified one (1) year or more after it has been entered without a showing of changed circumstances that are substantial and continuing if:
(1) The order works a severe economic hardship on either party or the child;
(2) A party requests an adjustment in an order that was based on guidelines that determined the amount of support according to the child’s age, and the child is no longer in the age category on which the current support amount is based;
(3) A child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or
(4) There has been a change in the Court-adopted Child Support Schedule (KTC 10.05.570).
(5) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child, but not by death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked or commuted to a lump sum payment, to the extent just and appropriate in the circumstances. [Res. 09-R-062 Title 2 § (7)(F), 4/30/2009.]