October 8, 2010

Dear Ms. Schmit:

This is in response to your electronic mail, dated August 25, 2010, to Commissioner Vicki Turetsky, regarding state child support agencies’ inability to garnish per capita payments made to tribal members.  Commissioner Turetsky referred your email to the Federal Office of Child Support Enforcement’s (OCSE) Division of Consumer Services because we answer public inquiries.  Thank you for writing.

In your email, you wrote that custodial parents have been contacting your organization complaining that per capita payments derived from the revenues of gaming operations could not be garnished for past due child support.  You stated that there are noncustodial parents who receive large monthly stipends, yet refuse to pay their child support obligation, while the custodial parents struggle to get their family’s basic needs met.  You attached an article reporting on this problem, as well as provided names and contact information for women who are willing to discuss their situation.  You requested that we address this issue and assist these parents and their children.  

As you know, the federally recognized tribes are sovereign nations and, therefore, govern themselves.  OCSE has no authority to mandate that per capita payments be garnished to pay child support arrears.  While the state IV-D child support enforcement programs can seize a noncustodial parent’s assets that exist outside of reservation boundaries, they cannot seize property or levy per capita accounts that are kept on tribal lands.  The fact that California is a PL-280 state has no bearing on our authority to address the issues you raise. 

Tribes are eligible for Federal funding under Title IV-D to establish and sustain tribal Title IV-D Child Support Enforcement Programs.  The number of tribes choosing to start and operate IV-D programs continues to grow each year.  We work directly with the tribal governments that operate IV-D programs on their reservation.  IV-D programs are governed by Federal regulations that tribes must follow (with the exception of some regulations for which tribes are exempt).  We provide start-up grants, technical assistance and federal financial participation funds to tribes to operate the program.

In addition, OCSE conducts outreach with tribes on child support issues.  Tribal governments with IV-D programs can still dictate whether per capita monies under tribal control are subject to garnishment, however, there is a greater chance that those with IV-D programs would support the consideration of ALL sources of income that a noncustodial parent has, when it comes to meeting their child support obligation.

Currently, no California tribes operate IV-D programs.  The custodial parents should work closely with their child support enforcement agency, to ensure that all enforcement remedies available to them are being utilized.  While the majority of tribes do not have IV-D programs, many have child support enforcement laws through their tribal courts.  The child support enforcement agency should contact the tribal government directly to discuss avenues available through tribal courts to address child support arrearages. 

We are continuing to engage with tribes on the importance of noncustodial parents contributing to the financial and emotional security of their children. 
                                                                       
Sincerely,

                                                                        Dianne Offett, Chief
                                                                        Public Inquiries and Information
                                                                        Office of Child Support Enforcement