9.5 Child Support
Legal References:
- 42 USC 654 (33) Cooperative Child Support Agreements
- 42 USC 655 (f) Direct Federal Funding to Indian Tribes
- RCW 26.25 Cooperative Child Support Services – Indian Tribes
- WAC 388-14A-1050 DCS Cooperates with Tribes and other States and Countries for Support Enforcement Purposes
The Child Support section includes:
- 9.5.1 Background
- 9.5.2 Who do I contact at DCS with questions concerning tribal matters?
- 9.5.3 How Does DCS define a Tribal case?
- 9.5.4 Which Indian Tribes in Washington State have Tribal TANF or Tribal Child Support Programs?
- 9.5.5 Which Indian tribes have cooperative child support agreements with DCS?
- 9.5.6 Where can I find more information about DCS Tribal Policy?
9.5.1 Background
The Division of Child Support (DCS) has negotiated intergovernmental child support agreements with numerous Indian tribes, as well as, child support provisions in the TANF Agreements. For more information, see Agreements/Codes on the DCS Tribal Relations Website.
On most cases, income withholding is one of the main ways in which DCS collects child support. On cases involving tribal employees, however, income withholding may not be possible due to jurisdictional restraints, specifically a tribe's sovereign immunity.
As distinct, self-governing legal entities, Indian tribes have laws (tribal codes) that apply to tribal members, residents, employees, and employers. Sometimes these codes include specific provisions regarding paternity, child support establishment, and garnishments.
DCS and the ESA State Tribal Relations Unit (STRU) promote and support government-to-government relationships with tribes to cooperatively address child support. These partnerships have resulted in a number of effective ways of improving child support services, allowing Indian children and families to achieve the highest degree of self-sufficiency possible. Some of the ways in which tribes are addressing child support include: tribal code development and utilization of tribal court, informal state/tribal processes, state/tribal cooperative agreements, and federally-funded tribal child support programs.
9.5.2 Who do I contact at DCS with questions concerning tribal matters?
In each DSHS Region, DCS has designated Tribal Liaisons who manage Tribal cases, provide outreach services to interested Indian Tribes and serve as a single point of contact for tribal cases. Each region also has a Tribal Claims Officer who handles legal issues on tribal cases and is responsible for bringing cases into various tribal courts.
9.5.3 How does DCS define a Tribal case?
A tribal case is one that includes, at a minimum, one or more of the following elements:
- The Non-Custodial Parent (NCP) is a member of a federally recognized Washington tribe.
- The NCP is employed by the tribe, tribal enterprise, or an Indian-owned business located on a reservation or trust land.
- A party who is included under a cooperative child support process or agreement.
- A party who is receiving services from a Tribal TANF or Tribal Child Support program.
- Other tribal issues.
If any of the above elements are present, the case is assigned to the Tribal Liaison.
9.5.4 Which Indian tribes in Washington State have Tribal TANF or Tribal Child Support Programs?
9.5.5 Which Indian tribes have cooperative child support agreements with DCS?
DCS has negotiated child support agreements and informal processes with numerous tribes. For more information, see the DCS Tribal Relations Website under Tribal Agreements and Codes or contact the local DCS Tribal Liaison.
9.5.6 Where can I find more information about DCS Tribal Policy?
You can find more information about DCS Tribal Policy on the State Tribal Policy page of the DCS Tribal Relations website.