[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
This ordinance shall be known, and may be cited, as the "Uniform
Reciprocal Enforcement of Support".
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
This ordinance is adopted pursuant to Article IV, Sections 1(a),
(b), (c), (f), (i) and (1) of the Tribal Constitution (the "Constitution")
of the Grand Traverse Band of Ottawa and Chippewa Indians (the "Grand
Traverse Band"). The purposes of this ordinance are to improve and
extend by reciprocal legislation the enforcement of duties of support
and to make uniform the law with respect thereto.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
As used in this ordinance, unless the context requires otherwise:
(a)
"state" includes any state, territory or possession of the United
States and the District of Columbia and any federally-recognized Indian
tribe having jurisdiction over divorce decrees and child support orders
and any foreign state in which this or a substantially similar reciprocal
law has been enacted.
(b)
"initiating state" means any state in which a proceeding pursuant
to this or substantially similar reciprocal law is commenced.
(c)
"responding state" means any state in which any proceeding pursuant
to the proceeding in the initiating state is or may be commenced.
(d)
"court" means the chancery division of any of the circuit courts
of this state and when the context requires means the court of any
other state as defined in a substantially similar reciprocal law.
(e)
"law" includes both common and statute law.
(f)
"duty of support" includes any duty of support imposed or imposable
by law, or by any court order, decree of judgment, whether interlocutory
or final, whether incidental to a proceeding for divorce, judicial
(legal) separation, separate maintenance or otherwise.
(g)
"obligor" means any person owing a duty of support.
(h)
"obligee" means any person to whom a duty of support is owed.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
The remedies herein provided are in addition to and not in substitution
for any other remedies.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
The duty of support imposed by laws of this state or by the
laws of the state where the obligee was present when the failure to
support commenced as provided in § 308 and the remedies
provided for enforcement thereof, including any penalty imposed thereby,
bind the obligor regardless of the presence or residence of the obligee.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
The Tribal Council of the Grand Traverse Band may:
(1)
Demand from the governor of any other state or the Tribal Council
of any other federally-recognized Indian tribe the surrender of any
person found in such other state who is charged in this state with
the crime of failing to provide for the support of any person in this
state; and
(2)
Surrender on demand by the governor of any other state or Tribal
Council of any federally-recognized Indian tribe any person found
in this state who is charged in such other jurisdiction with the crime
of failing to provide for the support of a person.
(A)
The provisions for extradition of criminals not inconsistent
herewith shall apply to any such demand, although the person whose
surrender is demanded was not in the demanding state at the time of
the commission of the crime and although he had not fled therefrom.
(B)
Neither the demand, the oath, nor any proceedings for extradition
pursuant to this section need state or show that the person whose
surrender is demanded has fled from justice, or at the time of the
commission of the crime was in the demanding or the other state.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
Any obligor contemplated by § 306 who submits to the
jurisdiction of the court of such other state and complies with the
court's order of support, shall be relieved of extradition for desertion
or non-support in the courts of this state during the period of such
compliance.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
Duties of support enforceable under this ordinance are those imposed
or imposable under the laws of the any state where the alleged obligor
was present during the period for which support is sought.
(b)
The obligor is presumed to have been present in the responding state
during the period for which support is sought until otherwise shown.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
Whenever the state or a political subdivision thereof has furnished
or is furnishing support to an obligee, it shall have the same right
to invoke the provisions hereof as the obligee to whom the support
was furnished for the purpose of securing reimbursement of expenditures
so made and of obtaining continuing support.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
Jurisdiction of all proceedings hereunder shall be vested in the
Grand Traverse Band Tribal Court. Proceedings for support hereunder
may be initiated by petition filed in the Tribal Court of the Grand
Traverse Band irrespective of the relationship between obligor and
obligee.
(1)
In all instances in which a public support burden has been incurred
or is threatened, it shall be the duty of the prosecuting attorney
to represent the petitioner in initiating and conducting proceedings
under this ordinance; provided, that the petitioner may be represented
in any proceedings by private counsel, at his own expense.
(2)
Payments made to Grand Traverse Band Tribal members, wherever
they may reside, from per capita distributions shall be subject to
attachment under this ordinance.
(3)
County Friend of the Court offices shall be recognized as initiating
parties under this section.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
The petition shall be verified and shall state the name and, so far
as known to the petitioner, the addresses and circumstances of the
respondent, his dependents for whom support is sought and all other
pertinent information.
(b)
The petitioner may include in or attach to the petition any information
which may help in locating or identifying the respondent, including,
but without limitation, by enumeration, a photograph of the respondent,
a description of any distinguishing marks on his person, other names
and aliases by which he has been or is known, the name of his employer,
his fingerprints, tribal enrollment number or social security number.
(c)
All petitions filed in accordance with this ordinance shall be filed
by the clerk of the court as a miscellaneous matter.
(d)
A petition on behalf of a minor obligee may be brought by a person
having legal custody of the minor without permission as next friend.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
If the Tribal Court of the Grand Traverse Band, acting as an initiating
state, finds that the petition sets forth facts from which it may
be determined that the respondent owes a duty of support and that
a court of the responding state may obtain jurisdiction of the respondent
or his property, he shall so certify and shall cause three copies
of the petition, the court's certificate and this ordinance, to be
transmitted to the court in the responding state within the jurisdiction
of which the respondent is alleged to reside or be present.
(1)
If the name or address of such court is unknown, or if the respondent
is no longer within the jurisdiction of the named court and the responding
state has an information agency comparable to that established in
the initiating state, such copies may be transmitted to the state
information agency or other proper official of the responding state
with request that it forward them to, and file them with, the proper
court, and that such court acknowledge the receipt thereof to the
initiating state.
(2)
If the responding state is a foreign state, such copies shall
be transmitted to the state department of social welfare for transmittal
to the proper court of the responding state after determination concerning
the statutes of reciprocity.
(b)
When the Tribal Court of the Grand Traverse Band, acting either as
an initiating or responding state, has reason to believe that the
respondent may flee the jurisdiction, it may:
(1)
As an initiating state, request in its certificate that the
court of the responding state obtain the body of the respondent by
appropriate process if that be permissible under the law of the responding
state; or
(2)
As a responding state, obtain the body of the respondent by
appropriate process.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
When the Tribal Court of the Grand Traverse Band, acting as a responding
state, receives from the court of an initiating state the aforesaid
copies, it shall:
(b)
If the Tribal Court of the Grand Traverse Band, acting as a responding
state, is unable to obtain jurisdiction of the respondent or his property
due to inaccuracies or inadequacies in the petition or otherwise,
the court shall communicate this fact to the court in the initiating
state, shall on its own initiative use all means at its disposal to
trace the respondent or his property, and shall hold the case pending
the receipt of more accurate information or an amended petition from
the court in the initiating state. If the respondent has been located
in some other county of this state it shall not be necessary to obtain
and amended petition but the original petition shall be forwarded
to the circuit court in chancery of the county where the respondent
has been located which court shall have jurisdiction regardless of
the language of the petition.
(c)
The court shall conduct proceedings under this ordinance in the manner
prescribed by law for an action for the enforcement of the type of
duty of support claimed.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
If the court of the responding state finds a duty of support,
it may order the respondent to furnish support or reimbursement therefor
and subject the property of the respondent to such order.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
The Tribal Court of the Grand Traverse Band, when acting as
a responding state, shall cause to be transmitted to the court of
the initiating state a copy of all orders of support or orders for
reimbursement therefor.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
In addition to the foregoing powers, the Tribal Court of the Grand
Traverse Band when acting as the responding state has the power to
subject the respondent to such terms and conditions as the court may
deem proper to assure compliance with its orders, and in particular:
(1)
Recognizance. To require the respondent to furnish recognizance
in the form of a cash deposit or bond of such character and in such
amount as the Court may deem proper to assure payment of any amount
required to be paid by the respondent.
(2)
Payment; Report. To require the respondent to make payments
at specified intervals to the clerk of the court or the friend of
the court, as specified in the order, and to report personally to
such clerk or friend of the court at such times as may be deemed necessary
and as required by such order.
(3)
Contempt; Punishment. To punish the respondent who fails and
refuses to obey and comply with the order of the court, having sufficient
ability to comply, such punishment shall be imposed by the Court as
a contempt of court, placing the respondent on probation or committing
the respondent to jail for such period as said respondent shall continue
to be in contempt, not to exceed one year.
(b)
The Court may also order an assignment to the friend of the court
of the salary, wages or other income of the person responsible for
the payment of support and maintenance, which assignment shall continue
until further order of the court.
(1)
The order of assignment shall be effective one week after service
upon the employer of a true copy of the order by personal service
or by certified mail. Thereafter, the employer shall withhold from
the earnings due the employee the amount specified in the order of
assignment for transmittal to the friend of the court until further
order of the court.
(2)
The person ordered to pay the support and maintenance shall
inform the friend of the court immediately of any change which would
affect the assignment of the disbursement thereof.
(3)
An employer shall not use the assignment as a basis, in whole
or in part, for the discharge of an employee or for any other disciplinary
action against an employee.
(4)
Compliance by an employer with the order of assignment operates
as a discharge of the employer's liability to the employee as to that
portion of the employee's earnings so affected.
(5)
The term "employer" as used in this section includes the state
and any political subdivision thereof.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
The Tribal Court of the Grand Traverse Band, when acting as
a responding state, shall have the following duties which may be carried
out through the clerk of the court or the friend of the court, in
counties having a friend of the court:
(a)
Upon the receipt of a payment made by the respondent pursuant to
any order of the court or otherwise, to transmit the same forthwith
to the court of the initiating state; and
(b)
Upon request to furnish to the court of the initiating state a certified
statement of all payments made by the respondent.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
The Tribal Court of the Grand Traverse Band, when acting as
an initiating state, shall have the duty which may be carried out
through the clerk of the court or the friend of the court, in counties
having a friend of the court, to receive and disburse forthwith all
payments made by the respondent or transmitted by the court of the
responding state.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
Husband and wife are competent witnesses (and may be compelled)
to testify to any relevant matter in connection herewith.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
Any order of support issued by a court of this state when acting
as a responding state shall not supersede any previous order of support
issued in a divorce or separate maintenance action, but the amounts
for a particular period paid pursuant to either order shall be credited
against amounts accruing or accrued for the same period under both.
(b)
Every circuit court in chancery of this state shall have concurrent
jurisdiction with the court issuing an order of support under this
ordinance for the purpose of enforcing the order.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
Participation in any proceedings under this ordinance shall
not confer upon any court jurisdiction of any of the parties thereto
in any other proceedings.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
(a)
Where the social welfare commission is satisfied that reciprocal
provisions will be made by any foreign state for the enforcement therein
of maintenance orders made with this state, the social welfare commission,
with the approval of the attorney general, may declare the foreign
state to be a reciprocating state for the purpose of this ordinance.
(b)
Any such order may be revoked by the social welfare commission, and
thereupon the state with respect to which the order was made shall
cease to be a reciprocating state for the purposes of this ordinance.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
If any section or provision of this ordinance or the application
thereof to any party or class, or to any circumstances, shall be held
to be invalid for any cause whatsoever, the remainder of this ordinance
shall not be affected thereby and shall remain in full force and effect
as though no part thereof had been declared to be invalid.
[History: Uniform Reciprocal Enforcement of Support Ordinance,
adopted by motion by Tribal Council on December 20, 1994.]
This ordinance may be amended or repealed only by majority vote
of the Tribal Council of the Grand Traverse Band in regular session.
