The Port Gamble S’Klallam Child Support Guidelines set forth the rules under which a child support obligation is established. They set a standard of adequate support for children subject to the ability of the parents to pay.
The Port Gamble S’Klallam Child Support Schedule is the table of levels of cash child support that correspond to the income of the paying party. It is used according to the Guidelines and is intended to provide consistent treatment of individuals in similar circumstances.
(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 Guidelines and Schedule are to be applied as follows:
(a) 
Parties. The parties may use the Child Support Guidelines and Schedule in reaching an agreement.
(b) 
Child Support Program. The Port Gamble S’Klallam Child Support Program shall be guided by the Child Support Guidelines and Schedule in assisting the parties to reach agreement. When the parties are not in full agreement on the amount of child support, the Program shall be guided by the Guidelines and Schedule in making its recommendation to the Court.
(c) 
Court. The Court will generally enter an agreed order, as provided in section 21.03.20 (c), or adopt the Port Gamble S’Klallam Child Support Program’s recommendations. In those cases in which the Court does not do so, it shall apply the Port Gamble S’Klallam Child Support Guidelines and Schedule to the circumstances of the parties.
(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.)
A child support obligation is established under the Port Gamble S’Klallam Child Support Guidelines and Schedule in the following way:
(a) 
Calculate the monthly income of the party obliged to pay child support and subtract the allowable deductions;
(b) 
Determine the amount within the range that is appropriate to the circumstances of the family, based on the factors listed in section 21.03.31, except for health insurance,;
(c) 
Determine any amount of extra child support obligation for months when seasonal income is received, as provided in section 21.03.31(c);
(d) 
Add any additional amount required for health insurance, as provided in section 21.03.32, not to exceed the upper limit within the appropriate range; and
(e) 
Determine non-cash contributions in appropriate circumstances, as provided in section 21.03.33.
(f) 
Establishment of child support obligation when there is shared physical custody. In the absence of an agreement as to the amount of child support, when the parties each provide a home for the children and the children will spend a significant percentage of the year in each home, the Court may pro-rate the child support obligation between the parties.
(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 non-custodial party’s obligation shall be based on his or her monthly income less allowable deductions.
(a) 
Income means revenue from any source including but not limited to:
(i) 
Salaries, wages, tips, commissions and regular overtime;
(ii) 
Business income such as sales of goods, services and products, whether legal or illegal;
(iii) 
Deferred compensation;
(iv) 
Income from second jobs;
(v) 
Predictable, non-recurring income of over $500;
(vi) 
Regular bonuses;
(vii) 
Treaty income;
(viii) 
Per capita income;
(ix) 
Lease or rental income;
(x) 
Compensation received under a contract;
(xi) 
Dividends;
(xii) 
Severance pay;
(xiii) 
Pensions;
(xiv) 
Interest, trust income, annuities, and capital gains; and
(xv) 
Workers compensation benefits and unemployment insurance benefits.
(b) 
Allowable deductions from income include:
(i) 
Tribal taxes and stumpage fees;
(ii) 
Federal and state income taxes;
(iii) 
Social security (FICA) deductions;
(iv) 
Mandatory pension plan payments;
(v) 
Union or professional dues;
(vi) 
State industrial insurance premiums;
(vii) 
Normal business expenses allowable under IRS rules;
(viii) 
Normal treaty income business expenses, determined by:
(1) 
The standard treaty income business expense deduction developed by the Port Gamble S’Klallam Tribal Council; or
(2) 
The IRS rules applicable to normal non-treaty business expenses; and
(ix) 
Self-employment taxes for self-employed persons.
(c) 
Disclosure required. The following are not included in “income,” but must be disclosed:
(i) 
Social security benefits;
(ii) 
Disability insurance benefits;
(iii) 
Income from a second spouse or other adult in the household;
(iv) 
TANF cash assistance, general assistance benefits, SSI, food stamps or other means-based benefits; and
(v) 
Child support received by a parent for the support of other children.
(d) 
Calculation of Income in Default Cases. In the absence of financial information from the defaulting parent, his or her income shall be based on information provided by 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.)
(a) 
Calculation of the amount of child support per child may be based on the party’s total number of children under the following circumstances:
(i) 
When a party has a legal duty to pay child support for a child from another relationship; or
(ii) 
When a party has a legal duty to support a child from another relationship who resides with that party more than half of the time.
(b) 
Calculation of child support involving children from other relationships that meet the criteria of Sections 21.03.30(a), shall be calculated as follows: the minimum child support obligation shall be the maximum child support range listed in the child support schedule as divided by the total number of children the party has a legal duty to support, and the maximum range shall be the applicable range in the schedule without consideration of children from other relationships. The Court shall not set a child support obligation that falls below the minimum child support range listed in the child support schedule.
(c) 
If possible, the Court may make efforts to modify child support orders for children from other relationships as follows:
(i) 
At the time a child support order is entered, the Court may modify any existing orders so that they are based on the total number of children from all relationships that the parent has a duty to support, consistent with the factors set forth at 21.03.31.
(ii) 
If a preexisting child support order cannot be modified at the time the order is entered, the child support obligation for the child before the Court shall be established based on the number of children before the Court. The monthly obligation applicable to the child before the Court for the first six (6) months shall, however, be reduced so that the total child support paid to all persons during that period does not exceed the scheduled amount for the total number of children from all relationships. During this six (6) month period, the Port Gamble S’Klallam Child Support Program shall assist the party with modification of the preexisting child support order(s). At the expiration of the six (6) month period, the Court shall conduct a hearing to review modification efforts. The six (6) month period may be continued for good cause. Upon modification of the previous order(s), the Court may modify its order based on the total number of children from all relationships.
(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 prioritize fairness, provide clarification, and improve the court process for establishing or modifying a child support obligation.)
A child support obligation established under these Guidelines shall be set within the range provided in the Schedule for the income level of the paying party. In determining the appropriate amount within the range, the factors in this section shall guide the parties’ agreement, the Port Gamble S’Klallam Child Support Program and the Court.
(a) 
Number of Children. The obligation shall be set lower in the range if there is only one child, higher if there are more children.
(b) 
Age of Child. The obligation shall be set higher in the range for children 12 years old and older and closer to the lower end of the range for younger children.
(c) 
Work-Related Day Care. The obligation may be set higher in the range to cover the reasonable cost of work-related day care of the custodial parent. “Reasonable cost” shall not exceed the cost of day care provided through the Tribe. This obligation shall terminate if work-related day care is terminated or it shall be reduced proportionately if the child is in work-related day care for a reduced period of time.
(d) 
Seasonal Income. If the paying party’s income is seasonal, the obligation may be set on a schedule that varies the amount at different times of the year;
(e) 
Extraordinary Medical Expenses for the Child. The obligation may be set higher in the range to cover extraordinary medical expenses for the child, not covered by health insurance.
(f) 
Extraordinary Debt Not Voluntarily Incurred. The obligation may be set lower in the range when the party owing support makes payments on extraordinary debt not voluntarily incurred such as court fines;
(g) 
Use of Non-Cash Services or Resources. The obligation may be set lower in the range when non-cash services or resources are regularly and reliably provided, as set forth in section 21.03.33.
(h) 
Possession of Wealth. The obligation may be set higher in the range when the parent owing support possesses significant wealth.
(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 shall make a recommendation as to the best health insurance coverage for the child. The Court shall include provision of health insurance for the child in every child support order.
(a) 
When health insurance is available at reasonable cost through one or both party’s employment or union, that party (or both parties) shall provide coverage. “Reasonable cost” for the parent with the child support obligation means that when the child’s portion of the health insurance premium is added to the basic child support obligation, the total obligation does not exceed the upper limit of the range.
(b) 
If health insurance is not available to either party at reasonable cost, a $0 health insurance order shall be entered. If the child is eligible for health care services through the Port Gamble S’Klallam Tribe, another tribe or Indian Health Services, one or both parties shall be ordered to cooperate with the appropriate entity to obtain services for the child.
(c) 
Routine medical expenses are included within the Child Support Schedule.
The Port Gamble S’Klallam Child Support Program may make arrangements to enroll a child in a health insurance plan, consistent with a court order on health insurance.
(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.)
Although consistent with Port Gamble S’Klallam culture and tradition, non-cash services and resources are difficult to monitor and guarantee. The primary purpose for their use in connection with cash child support is to strengthen the bond between the child and the non-custodial parent. Non-cash services and resources are not a substitute for cash child support obligation.
(a) 
The non-custodial parent may be ordered to provide non-cash services and resources in connection with the child support obligation under the following circumstances:
(i) 
When the parties agree;
(ii) 
When the non-custodial parent’s income is below the minimum income level for ordering cash child support in the Child Support Schedule;
(iii) 
When the non-custodial parent’s income is insufficient to cover the obligation(s) for the total number of children from all relationships;
(iv) 
When the non-custodial parent is a teenager in school;
(v) 
When the non-cash services and resources are regular and reliable so that the obligation may be established lower in the range.
(b) 
The child support order shall specify the quantity, quality, condition and frequency of the non-cash services and resources.
(c) 
Members of the non-custodial parent’s extended family are welcome to contribute non-cash services and resources. They may be credited to the non-custodial parent’s obligation if they meet the court’s requirements.
(d) 
Non-cash services and resources may include, but are not limited to:
(i) 
Help with extra sports and school activities or expenses;
(ii) 
Day care provided by the non-custodial parent;
(iii) 
School clothes;
(iv) 
Car or home maintenance or repair;
(v) 
Firewood, fish, shellfish, game, or berries, but only by agreement of the parties;
(vi) 
Tutoring or volunteering at the child’s school;
(vii) 
Transportation to the child’s activities;
(viii) 
Pow wow regalia;
(ix) 
Teaching treaty skills or cultural knowledge.
(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.)
It is against the public policy of the Port Gamble S’Klallam Tribe to establish or enforce a non-voluntary child support order outside the range in the Port Gamble S’Klallam Child Support Schedule that corresponds with the paying party’s income level.
The Port Gamble S’Klallam Child Support Program may recommend and the Court may order a child support obligation set under the Guidelines which is outside the range in the Schedule only if the obligation is supported by agreement of the parties. If the child support order deviates from the range in the Schedule, the Court shall enter a written finding stating the amount of support that would have been required under the Schedule and justification as to why that amount would be unjust or inappropriate.
(For example, if the top of the range is $250 and the parties agree to $300, the order shall so state; 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.)
Establishing a child support obligation for a period prior to the date of filing the case in Court is disfavored under Port Gamble S’Klallam law. This is due to the difficulty in obtaining accurate past financial information and because of the burden on the paying party if the party is also paying current support.
There are some circumstances when it is appropriate to have a $0 or de-minimus order for the period before filing.
In every case where child support is ordered for any period before filing, there must be a recommendation by the Port Gamble S’Klallam Child Support Program regarding the duration and amount of pre-filing child 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.)
A parent’s financial duties last until:
(a) 
The death of the child;
(b) 
The death of the parent obliged to pay support; or
(c) 
A child is eighteen years old or, if the child is still in high school, until graduation or the child turns nineteen, whichever is earlier.
The child support obligation terminates at the end of the month in which the financial duty terminates.
(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.)
Payment of a child support obligation shall be made to the Port Gamble S’Klallam Child Support Program for distribution to the appropriate recipient, as provided in section 21.03.68.
If the Port Gamble S’Klallam Child Support Program becomes aware that a child is no longer living with the person receiving child support on behalf of the child, the Program or the paying party may request a review hearing to determine to whom the child support payments will be disbursed for the benefit of the child.
If the parties agree or the Court finds it to be in the best interests of the child, it may order:
(a) 
Allowance to Child. A portion of the cash support to be disbursed to the child as an allowance; or
(b) 
Trust or Savings Account. A portion of the cash support to be deposited into a trust or savings account for the benefit of the child under such terms as the Court deems just.
(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]
Note: There may be circumstances when payment to the Registry of a state or another tribe would be appropriate. The Port Gamble S’Klallam Child Support Program will usually identify those circumstances.
When a child receives benefit payments such as social security, veterans, or Labor and Industries, as a result of contributions made by the party with the child support obligation, credit shall be given to offset all or part of the child support obligation, in the amount of the payment. The Court shall indicate in the child support order the total child support obligation and the amount that shall be covered by benefit payments made directly to the child. If the benefit payment is more than the current child support obligation, the difference shall be credited against any arrears that the custodian has not assigned to a government.
(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.)
(a) 
Basis. The Port Gamble S’Klallam Child Support Schedule:
(i) 
Is based on specific descriptive and numeric criteria and results in a computation of an amount of child support which is sufficient to meet the basic needs of a child for housing, clothing, food, education, health care, recreation, and goods and services required by physical or mental disability;
(ii) 
Is based on the income of the non-custodial parent and the number of children there is a duty to support;
(iii) 
Provides for a range of payment levels for each income category. The level shall be adjusted to the circumstances of each case according to the factors set forth in section 21.03.31, Adjustments within Schedule Ranges.
(b) 
Review Requirement. The Guidelines and Schedule shall be reviewed by the Port Gamble S’Klallam Child Support Program every four years and any recommendations for amendment shall be provided to the Port Gamble S’Klallam Tribal Council.
(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 change the review period from four to three years to correspond to the applicable federal regulations.)
Income After Allowed Deductions
Minimum Child Support
(Example: one child, no day care or health insurance)
Maximum Child Support
(Example: multiple children, day care, health insurance)
$0 - 499
$25 per month, per child
$25 per month, per child
$500 - 799
5%
10%
$800 - 999
8%
11%
$1,000 - 1,499
10%
15%
$1,500 – 1,999
11%
15%
$2,000 – 2,499
12%
20%
$2,500 – 2,999
13%
20%
$3,000 – 3,499
14%
20%
$3,500 – 3,999
15%
25%
$4,000 – and above
16%
25%
(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 and added this section; Res. 14 A 20, 2/25/2014, amended this section to add income brackets, increase Child Support percentages, and add $25 per month maximum obligation for income brackets between $0-499 per month; amended by Res. 22-A-138, 8/22/2022, to increase the range for the minimum child support obligation.)