The Court may enforce a child support order by ordering wage withholding or other means of enforcement at the following hearings:
(a) 
At an enforcement hearing, if a child support obligation is at least 30 days overdue in an amount equal to one month’s child support obligation or if there is a history of non-compliance; or
(b) 
At a regularly scheduled review hearing, if child support is overdue at the time of the review hearing or if there is a history of non-compliance with the order.
(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: Review Hearing, Section 21.03.41.
(a) 
Who May File Motion. A motion for an enforcement hearing may be filed only by:
(i) 
A parent; or
(ii) 
The Port Gamble S’Klallam Child Support Program.
(b) 
Affidavit Contents. The motion shall be supported by an affidavit containing:
(i) 
Terms of the child support order to be enforced;
(ii) 
Length of time the child support obligation has been overdue, which must be at least 30 days or facts supporting a history of non-compliance; and
(iii) 
Amount of child support that is overdue, which must be equal to one month’s child support obligation.
(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 duplicative and potentially conflicting language.)
The Port Gamble S’Klallam Child Support Program shall file a recommendation regarding appropriate enforcement action in every case filed by a parent. In a case filed by the Program, the recommendation shall be included in the Program’s motion for the enforcement 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 notice for the enforcement hearing shall be served as provided in sections 21.01.15, 21.01.16, and 21.03.07. It shall contain the following:
(a) 
Copy of the motion and affidavit;
(b) 
The time and date of the hearing;
(c) 
Notice that if the parent owing support fails to attend the hearing, wage withholding or other enforcement action will be ordered.
(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.)
At the enforcement hearing the Court shall:
(a) 
Review the affidavit and any supporting documents, hear the testimony of each party, consider any other evidence presented, and consider and give great weight to the recommendation of the Port Gamble S’Klallam Child Support Program, if any.
(b) 
If the moving party meets the burden of proving that the child support obligation is at least 30 days overdue in an amount equal to one month’s child support obligation or that the party has a history of non-compliance, the Court shall order wage withholding, as provided in section 21.03.51, or other means of enforcement, as provided in section 21.03.56.
(c) 
If the moving party does not meet the burden of proof, the Court shall dismiss the motion.
(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.)
At a review hearing or at an enforcement hearing, wage withholding shall be the primary means of enforcement of a child support order where a parent receives wages, unless:
(a) 
The parties agree in writing to alternate arrangements which the Court approves;
(b) 
The party owing child support works for a Tribe or a tribal enterprise that has not waived its sovereign immunity for that purpose, in which case the Court shall order that party to arrange wage withholding of child support with his or her employer;
(c) 
The parent owing child support demonstrates good cause not to require immediate wage withholding; or
(d) 
The Court finds that another means of enforcement would be more effective.
(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 wage withholding order 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. The Court shall order that an additional amount be withheld each month to be applied to past payments owed.
The wage withholding order or request shall include:
(a) 
The amount to be withheld and the frequency of the withholding;
(b) 
A requirement that the employer send the amount to the Tribe within seven (7) business days of the date the paying party is paid;
(c) 
A requirement that the employer report to the Tribal Child Support Program the date on which the amount was withheld;
(d) 
A requirement that the employer remit the amount withheld to the Tribe until further notice by the Tribe.
(e) 
A statement that the employer shall notify the Tribe promptly when the paying party terminates employment and provide the paying party’s last known address and the name and address of the paying party’s new employer, if known.
(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 serve the wage withholding order or the party’s wage withholding request on the employer or other payor. The Court Administrator is authorized to approve wage withholding forms recommended 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.)
The wage withholding order or request shall be effective until the Court or the Port Gamble S’Klallam Child Support Program issues a release or authorizes the party to issue a release.
(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) 
No employer shall refuse to honor a wage withholding order or a party’s wage withholding request issued under this chapter. An employer shall begin withholding within seven days after service of the order or request. Failure to withhold wages according to the order or request subjects the employer to liability for the accumulated amount the employer should have withheld.
(b) 
No employer may discharge, refuse to employ or take disciplinary action against any employee because his or her wages have been subjected to withholding for child support. Failure to comply with this section subjects the employer to a fine to be determined under tribal law.
(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.)
At a review hearing or an enforcement hearing, the Court may order any of the following actions in addition to or instead of wage withholding:
(a) 
A Federal Income Tax Refund Offset may be obtained by the Port Gamble S’Klallam Child Support Program as provided in section 21.03.59.
(b) 
Attachment of assets, as provided in chapter 3.09 except that the federal Order to Withhold and Deliver form shall be used where applicable;
(c) 
Interception of federal payments, such as retirement, travel or expense reimbursement;
(d) 
Appearance before a Port Gamble S’Klallam Elders Panel to explain non-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.)
In the enforcement of any child support order, the following shall be exempt from execution except as specifically provided herein:
(a) 
TANF benefits, SSI;
(b) 
All wearing apparel of every person in the family except that only $500 in value in furs, jewelry, beadwork, and personal ornaments for the person owing the child support obligation;
(c) 
Items of bona fide religious or cultural significance;
(d) 
Tools, equipment, boats, gear, vehicles, instruments and materials used by the person to obtain income;
(e) 
Provisions and fuel for the comfortable maintenance of the home for three months;
(f) 
Any real property on the Port Gamble S’Klallam reservation; and
(g) 
A motor vehicle not exceeding $2,500 in value.
(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; Res. 14 A 20, 2/25/2014, amended this section to allow the Child Support Program to enforce an order against Unemployment income and other Social Security benefits.)
[1]
Note: This section is intended to supercede section 3.09.10.
The Port Gamble S’Klallam Child Support Program has the sole authority to arrange for implementation of a child support enforcement order, including wage withholding and other means of enforcement.
(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 has sole authority to:
(a) 
Receive funds certified by a state under the Federal Income Tax Refund Offset Program and owed on a Port Gamble S’Klallam child support case;
(b) 
Request that a state certify a Port Gamble S’Klallam child support case to the Federal Income Tax Refund Offset Program;
(c) 
Certify a Port Gamble S’Klallam child support case to the Federal Income Tax Refund Offset Program to receive funds for that case.
The Port Gamble S’Klallam Child Support Program may offer assistance to help Port Gamble S’Klallam families file “injured spouse” claims with the Federal Income Tax Refund Offset Program when appropriate.
(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.)
Failure to comply with any order issued in a Port Gamble S’Klallam child support case, including a wage withholding order and a court order to request wage withholding, may be punishable as contempt of court.
The Court may sentence any person who fails to comply with an order issued in a Port Gamble S’Klallam child support case guilty of civil contempt. The Court may impose the penalties for civil contempt as provided in chapter 1.06, and a civil fine not to exceed $500.00 for each instance of civil contempt.
(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 add clarity and detail regarding civil contempt charges.)
[1]
Cross Reference: Chapter 1.06 Contempt of Court.
If a party fails to comply with a child support order or a provision in a Parenting Plan, the other party’s obligations under the Parenting Plan or child support order are not affected. This means that you cannot withhold visitation if the other party doesn’t pay 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.)