This section allows the Court to forgive back unpaid child support under certain circumstances. The child support policies of outside governments have frequently created hardship for Port Gamble S’Klallam children and their families: for example, when income is imputed and creates large back debts, when the child’s parents reunite and collection action on the past debt takes away resources from the child, when collection action is taken against individuals who are caring for their adult children and grandchildren, and other actions which offend Port Gamble S’Klallam tribal values of fairness and due process.
(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) 
Debt to Parent or Custodian. A debt of past child support owed to the parent or custodian on behalf of the child may be reduced only by agreement of the parties.
(b) 
Debt to Tribe or State. A debt of past child support owed to a government for reimbursement for public assistance may be reduced or eliminated as provided in this code.
(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 party who wishes to reduce a debt for past child support may file a petition for Reduction of Past Child Support Debt. The petition shall be prepared on a form approved by the Court Administrator and it shall contain:
(a) 
The name, address, tribal affiliation, date and place of birth and social security number of the petitioner and the child for whose benefit the child support was ordered;
(b) 
The name, address, tribal affiliation, date and place of birth and social security number of the person to whom the child support is owed or was originally owed;
(c) 
If the debt is owed to a government for reimbursement for public assistance, the name and address of the appropriate government agency;
(d) 
A copy of the child support order under which the debt accumulated;
(e) 
The total amount of the past child support debt;
(f) 
The amount of proposed reduction of the past child support debt;
(g) 
The reason why the past child support debt should be reduced or eliminated;
(h) 
Financial information, as provided in section 21.03.15; and
(i) 
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.)
(a) 
Setting the Initial Hearing. 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.
(b) 
Notice of Hearing. The date, time and place of the hearing shall be contained in the summons.
(c) 
Service of Petition and Summons. 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 petition and by doing so, waive the requirements of service of the petition and summons.
(d) 
Summons – Content. 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 60 days of the date of publication if service is by publication, the Court may proceed without the respondent.
(e) 
Summons – Proof of Service. 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 publication and a copy of the summons as published shall constitute the proof of service.
(f) 
Response. 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 respondent shall cause the response to be served on the petitioner as provided in section 21.01.16.
(g) 
Notice to Agency. If the past child support debt is owed to a government, notice shall be served on the appropriate agency of the government. The person who assigned the child support rights to the government need not be a party to the hearing if the entire child support debt is owed to the government.
(h) 
Hearing. At the hearing:
(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) 
The burden of proof shall rest on the moving party to prove that the support obligation should be reduced, as provided in section 21.03.73.
(iii) 
If the parties have proposed an agreed order and the Port Gamble S’Klallam Child Support Program has not objected, the Court shall enter the agreed 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.)
The Court may grant a reduction or complete forgiveness of past support owed to a tribe or state when: 1) the past debt was not based on the paying parent’s actual income, or 2) payment of the past debt would create substantial hardship.
(a) 
Substantial hardship shall include the following circumstances:
(i) 
The child on whose behalf the past debt accumulated is now living with and being supported by both parents who are reunited; or
(ii) 
The child on whose behalf the past debt accumulated is now living with and being supported by the party owing the past support debt.
(b) 
Substantial hardship may include the following circumstances:
(i) 
The party owing the past support debt is complying with the current child support obligation for the child on whose behalf the past debt accumulated and he or she has insufficient resources to pay both current and past support;
(ii) 
The party owing the past support debt is currently supporting other children, grandchildren or elders and payment of the past support debt would prevent him/her from adequately supporting him/herself and the others; or
(iii) 
The child on whose behalf the past debt accumulated is over 18 years old and payment of the debt would significantly burden the party’s ability to support him/herself.
(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 a parent agrees to a reduction or complete forgiveness of past child support owed to him or her, the Court may hold an in-chambers, ex-parte (individual) discussion with this parent to ensure that he or she:
(a) 
Understands the proposed agreed order;
(b) 
Consents to the proposed agreement:
(c) 
The proposed agreement was not the result of coercion, threat, duress, fraud, over-reaching, or improper promise.
If the parent wants a friend, family member, or other person to be present, the Court shall allow it, after first speaking alone with the party. If a party is unavailable or chooses not to be at the hearing, he or she may submit an affidavit verifying the agreement.
(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 Reduction of Past Child Support Owed Order. The findings of fact and conclusions of law shall address:
(a) 
Subject matter jurisdiction;
(b) 
Personal jurisdiction over all the parties;
(c) 
The total amount of past child support owed and to whom it is owed;
(d) 
The basis for the decision, including the agreement of the person to whom the child support debt is owed, if a parent;
(e) 
The amount of reduction of past child support, if any; and
(f) 
The conditions, if any, upon which reduction of the past child support debt is contingent.
(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 may recommend, and the Court may fashion an order, making the reduction of past support contingent upon making timely payments of current support as well as timely payments on the arrears not forgiven. It is the policy of the Port Gamble S’Klallam Tribe to attempt to create orders for the reduction of past child support which are most likely to be carried out successfully.
The Reduction of Past Child Support Owed Order shall include:
(a) 
A statement that the Court has jurisdiction over the case;
(b) 
The total amount of the child support debt;
(c) 
The amount of reduction of the child support debt; and
(d) 
The conditions, if any, upon which reduction of the past child support debt is contingent.
(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.)