Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.05 ยง 8.05.160 | 2020
(a) If a child is placed out of the parental home in a child protection proceeding, the Lummi Children Services Department shall request the Lummi Child Support Program to provide services for the establishment and enforcement of child support order against the parents. If no father&rsquos name appears on the birth certificate, and one or more putative fathers have been identified, the Lummi Children Services Department shall request the Lummi Child Support Program to provide series to establish legal paternity. Any existing child support obligation will transfer with the custody of the child.
(b) While the child is in the legal custody of the Lummi Children Services Department there is a factual basis, in accordance with LCL 11.06.130, for deviation from the Lummi Child Support Guidelines to the minimum support amount allowed under the Code. While the child is living in an out-of-home placement, the parent&rsquos resources should be targeted toward Title 8 (Children&rsquos Code) LIBC Resolution #2013-131 24 efforts to comply with the requirements under the Child Protection and Reunification Plan. If and when the child is placed into the custody of the other parent or into a legal guardianship, the final order for child support shall be established against the non-custodial parent pursuant to the Child Support Guidelines. At such time, the Lummi Tribal Court may determine to reduce the arrears by granting credit against the arrears based on a showing that the parent had expenses and a reduced opportunity for income as a result of complying with the requirements of the Child Protection and Reunification Plan.
(d) For the purposes of this section and of Chapter 11.06 of the Lummi Code of Laws, if a child is born as the result of rape or child molestation, the victim shall not have the duty of financial support of the child during such time that the victim does not have custody of the child.