Can one intercept tribal per capita monies for purposes of satisfying a state or other tribal child support order?
Yes. An individual must file a Petition to Register and Enforce a Foreign Judgment/Order for Child Support. An authenticated copy, i.e., certified, must accompany the initial pleading. See Recognition of Foreign Child Support Orders Ordinance, 4 HCC § 2.4a; see also Claims Against Per Capita Ordinance, 2 HCC § 8.5a. In addition, a $20.00 filing fee must accompany the Petition. See Ho-Chunk Nation Rules of Civil Procedure, App. I. One may also seek to garnish a tribal employee’s wages through this procedure. For more detailed information on how to proceed with an action to recognize and enforce a foreign order for child support, please read the Child Support Memorandum.
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