[1]
Editor's Note: The article numbers for the headings in Ch. 21.03 were added by the codifier for organizational purposes only and were not part of the original legislation.
In the Port Gamble S’Klallam Tribe, children are cared for by parents, extended family and the community. This chapter focuses on parents’ financial duty to their children.
The purpose of this chapter is to provide a process that ensures that the basic financial needs of children are met when their parents do not live together.
The Port Gamble S’Klallam Child Support system is a child-centered, agreement-based process. It is the Tribe’s policy to promote cooperation and agreement by the parents regarding fulfillment of their duties to their children. It is the experience of the Port Gamble S’Klallam Tribe that a non-custodial parent is more likely to remain connected with his or her children if he or she has developed an agreement with the other parent on the amount of child support.
It is also the policy of the Port Gamble S’Klallam Tribe not to interfere in arrangements agreed upon by families when those agreements serve the best interests of the child.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Parents have a legal duty to care for and support their natural born and adopted children. This applies to all natural parents whose parental rights have not been terminated and to all adoptive parents. This duty includes providing love, guidance, education, a safe and healthy environment and financial support. Parents also have a duty to ensure that S’Klallam children have an opportunity to learn about and participate in the S’Klallam Way. This includes access to S’Klallam family, participation in S’Klallam events and an opportunity to exercise S’Klallam treaty rights.
Stepparents do not have a legal duty to care for and support step-children but may have a moral and traditional duty to contribute to their support.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to clarify the nature of the parental duty and to whom is applies and to use uniform terms throughout the code.)
The Port Gamble S'Klallam Child Support Program:
(a) 
Shall make assistance available to parents in developing agreements for child support and health insurance. Parents may obtain these services before they file a petition or they may be referred by the Court;
(b) 
Shall prepare a recommendation about the child support and health insurance obligation for each case, using a form developed by the Program. In making its recommendation, the Child Support Program shall be guided by the Port Gamble S’Klallam Child Support Guidelines and Schedule. The Program’s recommendation shall be filed with the petition whenever possible; and
(c) 
May represent the interests of the child in child support enforcement proceedings, as provided in section 21.03.47(a).
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
This chapter may serve as a guide for establishment of child support in Child in Need of Care and Guardianship cases. In those cases, however, the policies and procedures of Title 16 applicable to Child in Need of Care and Guardianship cases, supercede this chapter to the extent that the two chapters may be inconsistent.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
[1]
Cross Reference: Chapter 16.02, Child in Need of Care; Chapter 16.03 Guardianship.
(a) 
A petition asking the Court to establish child support may be filed by:
(i) 
The child’s parent;
(ii) 
The child’s legal guardian, if authorized by the Court under 16.03.13; or
(iii) 
The Port Gamble S’Klallam Child Support Program if the Program is representing the interests of the child in receiving child support in a case involving: another tribe or state; the Port Gamble S’Klallam Indian Child Welfare Program; the Port Gamble S’Klallam Temporary Assistance for Needy Families Program; or the Port Gamble S’Klallam Tribal Licensed Care Program. In cases where the Port Gamble Child Support Program is involved in a case under this Section, the Program shall be treated as a party to the proceeding.
(b) 
The child support petition may be filed as a separate proceeding or in connection with a petition for:
(i) 
Divorce or invalidity of marriage under chapter 21.04;
(ii) 
Paternity under chapter 21.02; or
(iii) 
Child custody under chapter 21.05.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to clarify and expand who has standing to file a child support petitions and to authorize the Child Support Program to represent the interest of the Tribe in child support cases.)
A petition for establishment of child support shall contain:
(a) 
The name, address, tribal affiliation, date and place of birth, and social security number of the petitioner, the responding party and the child for whom support is requested;
(b) 
The child support obligation requested or agreed upon;
(c) 
The proposed provision of health insurance for the child;
(d) 
Any proposed work-related day care or extraordinary medical expenses;
(e) 
The date proposed for the child support obligation to begin and when it is proposed to terminate;
(f) 
The proposed frequency of payment;
(g) 
A statement whether child support payments should be made by wage withholding or by direct payment, and to whom payments should be made if not the Port Gamble S’Klallam Child Support Program;
(h) 
A proposed Parenting Plan, if any, or, if custody is shared, the percentage of a year that each parent has physical custody of the child;
(i) 
A statement that the petitioner swears that he or she believes that the male party is the father of the child; or a statement that the parties agree that the male party is the father of the child;
(j) 
A statement whether any of the following proceedings involving the parents or the child are pending or have taken place in any court or administrative agency, and if so, the date, name and place of the Court or agency:
(i) 
Child custody proceeding;
(ii) 
Child support proceeding;
(iii) 
Paternity establishment or disestablishment proceeding;
(iv) 
Proceeding requesting a domestic violence protective order or no-contact order; or
(v) 
Proceeding requesting a restraining order involving the child or a party.
(k) 
A statement whether either parent has ever received state or tribal public assistance, and if so, the date(s) and name of the state or tribe providing assistance;
(l) 
Financial information, as provided in section 21.03.15, if the petitioner is the party that would be obligated to pay child support, if the child is eligible for social security benefits, or if the parties share equal residential time with the child;
(m) 
Authorization for the release of all financial records to the Port Gamble S’Klallam Court and the Port Gamble S’Klallam Child Support Program;
(n) 
A statement of which parent should be allowed to claim the child as a dependent for income tax purposes; and
(o) 
The recommendation of the Port Gamble S’Klallam Child Support Program regarding child support and health insurance coverage.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to eliminate unnecessary paperwork and documentation submission from custodial parent.)
The Court shall provide the Port Gamble S’Klallam Child Support Program with a copy of the petition, response, financial information and all other documents filed in a child support case and it shall provide the Program with notice of all hearings in a child support case.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
When the Court receives a petition, it shall set a hearing date which shall not be more than thirty five (35) calendar days after the petition was received, unless continued for good cause.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The date, time and place of the initial hearing shall be contained in the Summons. Notice of the hearing shall be served on the parties and the Port Gamble S’Klallam Child Support Program.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
After a petition is filed, the petitioner shall cause the respondent to be served with a copy of the petition and a summons.
The petition and summons shall be served as provided in section 21.01.10.
The parties may sign a joint petition and by doing so, waive the requirements of service of the petition and summons.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The summons, prepared on a form approved by the Court Administrator, shall notify the respondent that if he or she does not appear or respond to the petition within twenty (20) days from the date of service or within sixty (60) days of the date of publication, if service is by publication, the Court may proceed without the respondent and a default judgment may be entered without his or her participation.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The person serving the summons and petition shall file with the Court certification that he or she has served the respondent, including the date and place of service. If service was made on a person other than the respondent, the certification shall state the name of the person served, the date and place of service, and the instructions given.
In case of service by certified mail, the return receipt shall be filed with the Court and shall constitute the proof of service. In case of service by publication, an affidavit by the person causing the notice to be published and a copy of the summons as published shall constitute the proof of service.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
Unless the parties have filed a joint petition, the respondent shall file his or her response within twenty (20) calendar days after the respondent is served with a copy of the petition, or within sixty (60) days if service was by publication. The response shall include financial information as provided in section 21.03.15, if the respondent is the party that would be obligated to pay child support, if the child is eligible for social security benefits, or if the parties share equal residential time with the child. The response also shall include an authorization for the release of all financial records to the Port Gamble S’Klallam Child Support Program and the Port Gamble S’Klallam Court. The respondent may also file a proposed Parenting Plan, as provided in section 21.05.09.
The respondent shall cause the response, including financial information, to be served on the petitioner as provided in section 21.01.10.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to eliminate unnecessary paperwork and documentation submission from custodial parent.)
If the respondent disagrees or is unsure that he is the father of the child, he shall state this fact in his response.
If the parties do not agree about paternity, either party may request that paternity be established. Upon the request of either party, the Court shall continue the child support proceeding pending establishment of paternity, as provided in chapter 21.02. If the parties do not agree about paternity and neither party requests paternity establishment, the Court shall dismiss the child support petition.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
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Cross Reference: Paternity Chapter 21.02.
The party obligated to pay child support, or both parties, if they share equal residential time with the child or if the child is eligible for social security benefits, shall provide complete disclosure of financial information, including verification of all income and resources, to the Court or to the Port Gamble S’Klallam Child Support Program.
(a) 
Procedure for Disclosure. Financial information shall be provided on forms approved by the Court Administrator. It shall be submitted with the petition or response or at least ten (10) days before the hearing.
(b) 
Penalty. Failure to provide required financial disclosure may be grounds for contempt of court, as provided in chapter 1.06.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to eliminate unnecessary paperwork and documentation submission from custodial parent.)
Financial information filed with the Court or provided to the Port Gamble S’Klallam Child Support Program and information shall be confidential and available only to the parties, the Court and the Port Gamble S’Klallam Child Support Program, and solely for the purpose of establishing paternity, or establishing, modifying, enforcing or distributing child support.
A party is not required to provide his or her financial information as part of the Court record, provided the party has made full and complete financial disclosure to the Port Gamble S’Klallam Child Support Program and the Program has certified that it has reviewed the financial information and its recommendation is based upon that information.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The following entities are authorized and required to provide information regarding a party’s income, resources and address to the Port Gamble S’Klallam Child Support Program:
(a) 
All tribal accounting departments;
(b) 
Port Gamble S'Klallam Housing Authority;
(c) 
Port Gamble S'Klallam Natural Resources Department;
(d) 
Tribal enterprises;
(e) 
Any person or entity doing business on the Port Gamble S’Klallam Reservation; and
(f) 
Port Gamble S'Klallam TANF Program which shall also provide the following information about a party’s TANF assistance:
(i) 
Whether the person receives or has ever received TANF assistance;
(ii) 
The names of other people on the person’s TANF grant;
(iii) 
The dates of the assistance; and
(iv) 
The amount of assistance.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Port Gamble S’Klallam Child Support Program is authorized to obtain otherwise confidential information about a party’s income, resources and address from the tribal entities and employers listed in section 21.03. 17. The Program is authorized to request information from off-reservation employers, government agencies and other entities.
The Program and the Court shall take whatever steps are necessary to insure that the address or location of a victim of domestic violence is kept confidential.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The parties may agree to a proposed order which resolves some or all of the issues regarding establishment or modification of the child support obligation. The parties may agree that the male party is the father of the child.
The parties may request the Port Gamble S’Klallam Child Support Program to assist them to develop an agreed order.
A proposed agreed order shall be filed with the Court at or prior to the hearing.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The following rules apply to child support hearings:
(a) 
Who May Attend. Only those persons the Court finds to have a legitimate interest in the proceedings may attend hearings under this chapter. A party may be represented by a spokesperson. Port Gamble S’Klallam Child Support Program staff may be present at child support hearings. If a party wants a friend, family member, or other person to be present, the Court may allow it.
(b) 
Hearing for Contested Case.
(i) 
The Court shall review the documents filed in the case, hear the testimony of each party, and consider any other evidence presented. It shall consider and give great weight to the recommendation of the Port Gamble S’Klallam Child Support Program, if any.
(ii) 
If a Port Gamble S’Klallam Child Support Program staff person is not available, the Court may either base its decision on the Program’s written recommendation or issue a temporary order and continue the case until Program staff is available for a hearing. The temporary order terminates when the final order is entered or when the petition is dismissed.
(iii) 
If a party believes the Port Gamble S’Klallam Child Support Program’s recommendation or the Port Gamble S’Klallam Child Support Schedule is inappropriate as applied to him or her, the burden of proof shall rest on that party to prove that the support obligation should be different than the recommendation or the Schedule.
(iv) 
The Court may continue the case at any point pending referral of the parties to the Port Gamble S’Klallam Child Support Program, if appropriate.
(c) 
Hearing for Proposed Agreed Order.
(i) 
Agreed Order – Complete. The Court shall approve a complete agreed order if the Port Gamble S’Klallam Child Support Program does not object, the Court has reason to believe the agreement was truly voluntary, and the agreed order contains all the provisions required by sections 21.03.22 and 21.03.23.
(ii) 
Agreed Order – Partial. If the agreed order addresses some but not all of the required issues, the Court may approve the partial agreement and, if sufficient information is available, consider the remaining issues. If a complete order cannot be issued with the information available, the case shall be continued. The parties may be ordered to meet with the Port Gamble S’Klallam Child Support Program, if appropriate. The Court shall establish a time frame for the filing of the remainder of each party’s proposal and the Program’s additional recommendation. The Court may enter a temporary order based on the Port Gamble S’Klallam Child Support Guidelines and Schedule. The case will then proceed to a hearing on the remaining issues. The temporary order terminates when the final order is entered or when the petition is dismissed.
(iii) 
In-Chambers Discussion. The Court may hold in-chambers, ex-parte (individual) discussions with each party to insure that they understand the proposed agreed order and to assure that each party’s consent to the proposed agreement was not the result of coercion, threat, duress, fraud, over-reaching, or improper promise on the part of any person. If a party wants a friend, family member, or other person to be present, the Court shall allow it after first speaking alone with the party.
(iv) 
Procedure When Agreement Found Not Voluntary. If the Court finds that the agreement was not truly voluntary, the case shall be continued and the parties shall be ordered to meet separately with the Port Gamble S’Klallam Child Support Program. The Court shall establish a time frame for the filing of each party’s proposal and the Program’s recommendation. The Court may enter a temporary order based on the Port Gamble S’Klallam Child Support Guidelines and Schedule. The case will then proceed to a full hearing on the issues. The temporary order terminates when the final order is entered or when the petition is dismissed.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The Court shall establish the child support obligation, including providing for health insurance, as follows:
(a) 
If the parties have proposed a complete agreed order and the Port Gamble S’Klallam Child Support Program has not objected, the Court shall enter the agreed order.
(b) 
If the parties have proposed a partial agreed order and the Port Gamble S’Klallam Child Support Program has not objected, the Court may adopt the partial agreed order and, for the remaining issues, it may:
(i) 
Adopt the Program recommendation, if any; or
(ii) 
Hear evidence and establish the child support obligation by applying the Port Gamble S’Klallam Child Support Guidelines and Schedule to the circumstances of the parties.
(c) 
If the Court finds reason not to accept all or part of the recommendation of the Port Gamble S’Klallam Child Support Program, or if there is no such recommendation or proposed agreement, the Court shall hear evidence and establish the child support obligation by applying the Port Gamble S’Klallam Child Support Guidelines and Schedule to the circumstances of the parties.
(d) 
When the paying party owes past child support under a previous child support order, the Court shall order an additional amount of child support to be paid each month on the past child support debt. The total monthly amount ordered shall not exceed the upper limit of the Port Gamble S’Klallam Child Support Schedule’s range for the paying party’s income, unless the parties agree.
(e) 
Regardless of a – c, above, the Court shall adopt the method of payment (wage withholding or direct payment) requested by the party who will pay child support; except that if evidence is presented that the paying party has a history of non-payment of child support, the Court may order wage withholding or require the party to request his or her employer to withhold wages to pay the required child support.
(f) 
If a party requests that child support payments be made directly to a parent, the Court shall take testimony on how the parties intend to keep records of the direct payments so that the paying parent is credited with making each payment.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
After the hearing, the Court shall enter findings of fact and conclusions of law and a separate child support order. The findings of fact and conclusions of law shall include findings and conclusions regarding:
(a) 
The Court’s subject matter jurisdiction over the case;
(b) 
The Court’s personal jurisdiction over all the parties;
(c) 
The paternity of the child;
(d) 
The child support obligation of one or both parties, as agreed by the parties or, in the absence of agreement, as calculated using a form recommended by the Port Gamble S’Klallam Child Support Program and approved by the Court Administrator in accordance with the Port Gamble S’Klallam Child Support Guidelines and Schedule, sections 21.03.26 through 21.03.40;
(e) 
If the child support obligation deviates from the scheduled range for the paying party’s income, the amount of support that would have been required and a justification as to why that amount is unjust or inappropriate;
(f) 
If the child support obligation is based on shared physical custody, the percentage of the year the child resides with each party;
(g) 
Date the child support obligation begins;
(h) 
The frequency of child support payments;
(i) 
If child support is to be established during the period prior to filing the child support petition, the recommendation of the Port Gamble S’Klallam Child Support Program regarding duration and amount of pre-filing child support;
(j) 
Circumstances under which the child support obligation will terminate;
(k) 
To whom or to what entity child support payments are to be made;
(l) 
How records will be kept of child support payments received if payment is not made to the Port Gamble S’Klallam Child Support Program;
(m) 
How child support payments may be enforced if necessary, and the following information:
(i) 
Paying party’s employer’s name and address;
(ii) 
Assets which could be attached if necessary for enforcement;
(iii) 
Whether there is a spouse entitled to protection in case of Federal Income Tax Refund Offset.
(n) 
Previous child support orders applicable to the paying party or any of the children;
(o) 
The amount of any previous child support owed;
(p) 
In default child support cases, facts supporting service of the petition, summons and notice to respondent; and
(q) 
The extent to which the order differs from the recommendation of the Port Gamble S’Klallam Child Support Program.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)
The child support order shall include:
(a) 
A statement that the Court has jurisdiction over the case;
(b) 
A statement that the Court shall have continuing, exclusive jurisdiction over the welfare of the child, including child support and modification of the order;
(c) 
A statement that the male party is the legal father of the child, if the parties so agree and paternity has not been previously established. If paternity has been previously established, the child support order does not need to address paternity. Port Gamble S’Klallam Tribe’s public policy does not recognize default paternity orders;
(d) 
The child support obligation of one or both parties, including
(i) 
The amount of cash to be paid to the other party;
(ii) 
The amount of the cash payment which is allocated to work-related day care or health insurance, if any;
(iii) 
The amount of non-cash services or resources to be provided to the other party, if any;
(iv) 
The amount to be paid to third parties for day care, health insurance or extraordinary expenses, if any.
(e) 
The date the child support obligation begins;
(f) 
The frequency of child support payments;
(g) 
The duration and amount of any pre-filing child support obligation, as provided in section 21.03.35;
(h) 
A statement regarding the circumstances under which the child support obligation will terminate, as provided in section 21.03.37;
(i) 
A statement whether child support payments will be made by wage withholding or by direct payment to the Port Gamble S’Klallam Child Support Program or other entity, as provided in section 21.03.37, and a provision for record keeping if payment is not made to the Program;
(j) 
The amount of any credit against the child support obligation for benefits paid directly to the child, as provided in section 21.03.38;
(k) 
The amount of past child support owing on a previous child support order, if any, and provision for making payment of that debt, as provided in section 21.03.21 (d).
(l) 
A statement that each parent shall notify the Port Gamble S’Klallam Child Support Program of any change of employer or change of address within ten (10) days of the change;
(m) 
The date for a review hearings three (3) months after the order is issued and a statement that thereafter review hearings shall be scheduled every twelve (12) months after the order is issued, as provided in section 21.03.41; and
(n) 
A detailed description of the enforcement actions that may be taken in the event the parent owing child support fails to comply with the order.
(o) 
The child support order is final for purposes of appeal.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation.)