The Tribal Council shall attempt to reach understandings with state and county governments regarding the enforcement of Tribal Court support orders.  For enforcement matters arising exclusively within the jurisdiction of the Tribal Court, the procedure set forth in Minnesota Statutes Section 518.600 et seq. may be used by any party seeking to enforce a valid Tribal Court order.  Use of such enforcement procedures shall not be deemed an adoption of Minnesota law by the Tribe or Tribal Court.

The Tribal Court may order a delinquent obligor to authorize the Tribal Council to withhold his or her child support obligation from each per capita payment until the child support obligation expires or is terminated.

Section 9.        Medical Support.

a.         Obligor to Name Beneficiary.

(1)            Unless the parent who has not been ordered to pay support (obligee) has comparable or better group dependent health insurance coverage available at a more reasonable cost, the Court shall order the person paying support (obligor) to name the minor child as beneficiary on any health and dental insurance plan that is available to the obligor on a group basis or through an employer or union.

(2)            If the Tribal Court finds that dependent health or dental insurance is not available to the obligor on a group basis or through an employer or union, or that the group insurer is not accessible to the obligee, the Court may require the obligor to obtain dependent health or dental insurance, or to be liable for reasonable and necessary medical or dental expenses of the child.

If the Tribal Court finds that the dependent health or dental insurance required to be obtained by the obligor does not pay all the reasonable and necessary medical or dental expenses, the Court shall require the obligor to be liable for all or a portion of the medical or dental expenses of the child not covered by the required health or dental plan.

(3)            The Court shall require the obligor to provide dependent health and dental insurance for the benefit of the obligee if it is available at no additional cost to the obligor and in this case the provisions of this subsection apply.

(4)            A copy of the Court order for insurance coverage shall be forwarded to the obligor's employer or union by the obligee or the public authority responsible for support enforcement only when ordered by the Court or when the following conditions are met:

(a)            The obligor fails to provide written proof to the obligee or the public authority, within 30 days of receiving effective notice of the Court order, that the insurance has been obtained or that application for insurability has been made;

(b)            The obligee or the public authority serves written notice of its intent to enforce medical support on the obligor by mail at the at the obligor's last known post office address; and

(c)            The obligor fails within 15 days after the mailing of the notice to provide written proof to the obligee or the public authority that the insurance coverage existed as of the date of mailing.

The employer or union, if based on the Reservation or whose business is substantially carried out on the Reservation, shall forward a copy of the order to the health and dental insurance plan offered by the employer.

(5)            If the employer is the Prairie Island Mdewakanton Dakota Community, a Tribally owned business, a Tribally chartered corporation or a business located on the Reservation or a business whose activities are substantially carried out on the Reservation, the order is binding on the employer or union when service under subsection (c) has been made.  For all other business or unions, the Tribal Court will attempt to obtain voluntary compliance with its orders.  Upon receipt of the order, or upon application of the obligor pursuant to the order, the employer or union shall enroll the minor child as a beneficiary in the group insurance plan and withhold any required premium from the obligor's income or wages.  If more than one plan is offered by the employer or union, the child shall be enrolled in the insurance plan in which the obligor is enrolled or the least costly plan otherwise available to the obligor.  Failure of the obligor to execute any documents necessary to enroll the dependent in the group health and dental insurance plan will not affect the obligation of the qualified employer or union and group health insurance plan to enroll the dependent in a plan for which other eligibility requirements are met.  Information and authorization provided by the public authority responsible for the child support enforcement, or by the custodial parent or guardian, is valid for the purposes of meeting enrollment requirements of the health plan.  The insurance coverage for a child eligible under subsection (e) shall not be terminated except as authorized in subsection (e).

(6)            A minor child that an obligor is required to cover as a beneficiary pursuant to this section is eligible for insurance coverage as a dependent of the obligor until the child is emancipated or until further order of the Tribal Court.

                                                (7)        The signature of the custodial parent of the insured dependent is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services.  When an order for dependent insurance coverage is in effect and the obligor's employment with the Tribe, Tribally owned or chartered business, or a business located or whose activities are substantially carried out on the Reservation is terminated, or the insurance coverage is terminated, the insurer shall notify the obligee within 10 days of the termination date with notice of conversion privileges.  All other employers shall be provided notice by this title and requested to voluntarily comply with such notice.

(8)            When an order for dependent insurance coverage is in effect, the obligor's employer or union shall release to the obligee or the public authority, upon request, information on the dependent coverage, including the name of the insurer. The employer or union shall release a quarterly report of the wages paid to the employee, including the employee's name, social security number, the total wages paid to the employee, and the number of weeks in which work was performed to the public agency responsible for support enforcement that is enforcing an order for medical or dental insurance coverage under this subsection.  For the purposes of this subsection, "wages paid" includes wages actually or constructively paid and wages overdue and delayed beyond the usual time of payment.

(9)            The obligor that fails to maintain the medical or dental insurance for the benefit of the children as ordered shall be liable to the obligee for any medical or dental expenses incurred from the date of the Tribal Court Order.  Proof of failure to maintain insurance constitutes a showing of increased need by the obligee and provides a basis for a modification of the obligor's child support order.

    (10)              Any Tribal agency responsible for support enforcement shall take necessary steps to implement and enforce an order for dependent health or dental insurance whenever the children receive public assistance, or upon application of the obligee to the Tribal agency and payment by the obligee of any fees required by this Code.