Enforcement Cases Sample Clauses

Enforcement Cases. In the exercise of the Tribe’s sovereignty, DCS may seek and the Tribal Court may issue, an order (writ) garnishing the non-custodial parent’s compensation received from the Tribe, a Tribal enterprise or an Indian owned business (―Garnishee‖), for the limited purpose of enforcing child support orders. ―Compensation‖ shall mean wages, salary, commissions, bonuses, and periodic payments for the non-custodial parent’s retirement, pension, insurance [ at the Tribe’s discretion, this may include, any per capita payments owed to the non-custodial parent]. Any writ of garnishment may be obtained only in Tribal Court and not in any other court. The amount of the garnishment shall not, in any case, exceed ( %) of the non-custodial parent’s net earnings computed for each pay period of the non-custodial parent. ―Net earnings‖ shall mean compensation minus deductions required under law by federal, state or Tribal government, excluding voluntary deductions by the non-custodial parent, for example, for repayment of a loan from a bank or credit union. Any writ shall order the Garnishee to withhold the wages and send them to the Washington State Support Registry the amounts stated in the writ and order the Garnishee to file an answer to the writ with Tribal Court. If a Garnishee fails to withhold the wages of the non-custodial parent within thirty (30) days of service of a valid writ, the Tribal Court may, at the request of DCS, or the custodial parent, find the Garnishee liable for payment of the amounts required under the writ of garnishment to the extent of wages owed by the Garnishee to the non-custodial parent on or after the date of service of the writ on an appropriate payroll officer of the Garnishee.