a.         When awarded.

Child support shall be paid by the non-custodial parent as follows:^*

Net income per month of non-custodial parent	Number of Children
	1	2	3	4	5	6	7or more
$401 - 500	14%	17%	20%	22%	24%	26%	28%
$501 - 550	15%	18%	21%	24%	26%	28%	30%
$551 - 600	16%	19%	22%	25%	28%	30%	32%
$601 - 650	17%	21%	24%	27%	29%	32%	34%
$651 - 700	18%	22%	25%	28%	31%	34%	36%
$701 - 750	19%	23%	27%	30%	33%	36%	38%
$751 - 800	20%	24%	28%	31%	35%	38%	40%
$801 - 850	21%	25%	29%	33%	36%	40%	42%
$851 - 900	22%	27%	31%	34%	38%	41%	44%
$901 - 950	23%	28%	32%	36%	40%	43%	46%
$951 - 1000	24%	29%	34%	38%	41%	45%	48%
$1001-4000	25%	30%	35%	39%	43%	47%	50%

Guidelines for support to be paid by a non-custodial parent with a monthly income of $4,001 or more shall be the same dollar amounts as provided for in the guidelines for an obligor with a monthly income of $4,000.

Net Income defined as:  Total monthly income less

(1)            Federal income tax                                    *Standard deductions

(2)            State income tax                                                      apply--use of tax

(3)            Social Security Deductions                              tables recommended

(4)            Reasonable pension deductions

(5)        Union Dues use of tax tables

(6)        Cost of dependent insurance coverage

(7)        Cost of individual or group health/hospitalization coverage or an amount for actual medical expenses

(8)        A child support or maintenance order that is currently being paid

Net Income does not include:

(1)            The income of the non-custodial parent's spouse, but does include in-kind payments received by the non-custodial parent in the course of employment, self-employment, or operation of a business if the payments reduce the obligor's living expenses; or

(2)            Compensation received by a party for employment in excess of a 40-hour work week, provided that:

(i)            support is nonetheless ordered in an amount at least equal to the guidelines amount based on income not excluded under this clause; and

(ii)            the party demonstrates, and the Court finds, that:

(a)            the excess employment began after the filing of the petition for dissolution;

(b)            the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

(c)            the excess employment is voluntary and not a condition of employment;

(d)            the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and

(e)            the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.

b.         Other factors to be considered.

In addition to the child support guidelines, the Court shall take into consideration the following factors in setting or modifying child support:

(1)            All earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of Subsection (a)(2)(ii);

(2)            The financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported;

(3)            The standards of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households;

(4)            The amount of the aid to families with dependent children grant for the child or children;

(5)            Which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it; and

(6)            The parents' debts as provided in subsection (c).

c.         Debts owed to private creditors.

In establishing or modifying a support obligation, the Court may consider debts owed to private creditors, but only if:

(1)            The Tribal Court determines that the debt was reasonably incurred for necessary support of the child or parent or for the necessary generation of income, the Court shall consider only the amount of debt that is essential to continuing generation of income; and

(2)            The party requesting a departure produces a sworn schedule of the debts, with supporting documentation, showing goods or services purchased, the recipient of them, the amount of the original debt, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid.

Any further departure below the guidelines that is based on a consideration of debts owed to private creditors shall not exceed 18 months in duration, after which the support shall increase automatically to the level ordered by the Court.  Nothing in this section shall be construed to prohibit one or more step increases in support to reflect debt retirement during the 18-month period. 

Where payment of debt is ordered pursuant to this section, the payment shall be ordered to be in the nature of child support.

d.         When guidelines shall be exceeded or modified.

Nothing shall preclude the Court from receiving evidence on the above factors to determine if the guidelines should be exceeded or modified in a particular case.

e.         Nature of guidelines.

The above guidelines are binding in each case unless the Court makes express findings of fact as to the reason for departure below or above the guidelines.

f.          Modification of Child Support Award.

(1)            After an order for child support, the Tribal Court may from time to time, on motion of either of the parties or on motion of the public authority responsible for support enforcement, modify the order respecting the appropriation and payment of the principal and income of property held in trust, and may make an order respecting these matters which it might have made in the original proceeding, except as herein otherwise provided.

(2)            The terms of a decree respecting child support may be modified upon a showing of one or more of the following:

(i)            substantially increased or decreased earnings of a party;

(ii)            substantially increased or decreased need of  a party;

iii)            receipt of public assistance;

(iv)            a change in the cost of living for either party measured by the federal bureau of statistics;

any of which makes the terms unreasonable and unfair. 

On a motion for modification of child support, the Tribal Court shall:

(v)            take into consideration the needs of the children and shall not consider the financial circumstances of each party's spouse, if any;

(vi)            not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates,and the Court finds, that:

(a)            the excess employment began after entry of the existing support order;