Section 1 - Short Title

This Ordinance shall be known as the Hopi Parental Responsibility Ordinance.

Section 2 - Statement of Policy.

Section 3 - Definitions

1. "Absent Parent" or "Non-custodial Parent" means a parent of a child or children, whether born during the course of marriage or outside of marriage, who is not the parent with primary physical custody or any person who otherwise has a legal obligation to provide support for that child or children.
2. "Basic Visitation" means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time;
3. "Child" means any person under the age of 18 or is over 18 and is enrolled full time in high school or a General Equivalency Diploma program, and is not otherwise emancipated, self-supporting, married, or an active member of the armed forces; or a person who is over the age of 18 and for whom equity demands continued child support as specified s in Section 14 of this Ordinance.
4. Unless otherwise specified, "Child Support" as used in this Ordinance means the financial obligation a parent has towards his or her child or children, whether such obligation is established through judicial or administrative process, by stipulation of the absent parent, or by parentage of any child or children. The financial obligation of a parent shall be met through the payment of monies and/or through the provision of other goods and/or services, as ordered by the Court or agreed by the parties. Where goods and services are used to meet a child support obligation, the Court shall determine their reasonable monetary value and deduct this amount from the child support obligation determined by the guidelines. The cost of non-necessary gifts which are not agreed upon by the parents shall not be subtracted from a child support obligation.
5. "Custodial Parent" means the person who exercises physical custody of the child or children on the basis of agreement between the parents, village decree or court order, or the absence of one parent. Unless otherwise provided by law, a guardian with physical custody of the child or children and standing in the position of the parent shall have the same rights to child support as a custodial parent.
6. "Employer" includes all persons or entities who agree to compensate another person for services performed at that person or entity's request.
7. "Garnishment" is the process whereby a court order is directed to an employer, bank, or agent holding monies or property of an absent parent, to make payments or deliver property to satisfy a child support obligation in accordance with the order.
8. "Gross Income" includes income from any source and includes, but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends or other corporate distributions, severance pay, pensions, interest, trust income, annuities, capital gains, income from sales of Indian arts and crafts, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:

1. "Gross Income" shall not include benefits received from means-tested public assistance programs (such as TANF, SSI, and Food Stamps) or child support received by a parent for the support of other children;
2. Income from self-employment, rent, royalties, or proprietorship of a business means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support;
3. Income from ownership in a partnership means the partner's share of gross receipts less ordinary and necessary expenses required to produce such gross receipts, but ordinary and necessary expenses do not include expenses determined by the Court to be inappropriate for purposes of calculating child support.
4. For seasonal or fluctuating income, gross monthly income shall be calculated by taking the annual income of the preceding year and dividing by twelve, unless the Court finds another method is more reasonable;
5. Alimony actually paid in compliance with a court order shall be deducted from gross income;
6. Child support actually paid by a parent for earlier born children who are not in that parent's custody shall be deducted from gross income; and
7. A reasonable amount for a parent's obligation to support earlier-born children who are in that parent's custody shall be deducted from gross income. The duty to support subsequent children, however, shall not ordinarily justify reducing support owed to children of the parties, but may, if appropriate, act as a defense to subsequent petitions to increase support.
8. The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after marriage.

9. "Hopi" fully includes members or traditions of the Hopi Tewa of Arizona.
10. "Hopi Child Support Registry" means the entity of the Hopi Tribal Courts that receives, distributes, and maintains records of child support payments.
11. "Income" is defined as actual gross income of a parent if employed to full capacity, or potential income if unemployed or underemployed. The potential income of a parent will not be used in the calculation of child support unless a preponderance of evidence shows that the parent has a greater potential than actual income. The Court may choose not to make a finding of greater potential than actual income for a primary custodial parent actively caring for a child who is under the age of six or disabled. If potential income is used for the purpose of calculation of child support for the custodial parent, a reasonable child care expense should also be assumed;
12. "Income Tax Refund Interception" is a remedy whereby any income tax refund of an absent parent shall be intercepted directly from the United States, any state, Hopi Tribe, or other Indian Nation for the payment of public and/or support debt.
13. "Marriage" is an institution according to any practice recognized under Hopi law, including marriage according custom and tradition where sufficient evidence of such marriage is presented to the Hopi courts.
14. "Obligor" shall mean the person with an obligation to pay child support.
15. "Obligee" shall mean the person or agency with the right to receive child support.
16. "Payor" shall mean a person or other entity with a present, legal obligation, whether as an employer, buyer of goods, debtor, pension fund, or otherwise, to pay an obligor. Persons whose obligation to pay is conditional may not be required to pay the amount to a child support obligee until the obligation is no longer conditional. Persons whose obligation is not a legal but a moral obligation are not payors for purposes of this Ordinance.
17. "Parent" means the biological or adoptive mother or father of a child.
18. "Parentage" means the condition of being the biological or adoptive mother or father of any child or children. The term includes both the paternity and maternity of any child or children.
19. "Primary Physical Custody" means physical custody of a child or children 65 percent or more of the time.
20. "Public Assignment of Child Support Rights" means the assignment of child support rights, including the right to establish or enforce child support or parentage, by the custodial parent to the Hopi Tribe or any state or federal agency. Such assignment may be in connection with the payment of benefits under the federal Temporary Aid to Needy Families (TANF) to or for the benefit of any child or children by the Hopi Tribe, or any state or federal agency, as a consequence of the failure of an absent parent to provide child support.
21. "Shared Responsibility" means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.
22. "Support enforcement agency" means a Hopi Tribal, federal, state official or agency authorized to engage in any of the following activities:
1. Enforcement of support orders or laws relating to the duty of support;
2. Establishment or modification of child support obligations;
3. Determination of parentage; or
4. Location of obligors or their assets.
23. "TANF" means Temporary Assistance for Needy Families, the government benefit program to support families with dependent children that has replaced AFDC.
24. "Wage Assignment" means a voluntary written assignment of earned wages which is submitted to an employer, authorizing the employer to pay a portion of the earned wages of the employee to or for the benefit of a child.

Section 4 - Jurisdiction for Child Support Determination; Proceedings Involving

Village Members

Section 5 - Court Initiated Child Support Determination

In any proceeding before the Hopi Tribal Court in which there is at issue the support of a child the Court shall determine the support obligations of the parents and enter an order of child support according to this Ordinance. Divorces involving children are one example of such a proceeding.

If, after the passage of this Ordinance, the Court fails to determine child support when such a matter is before it, the person caring for the child may request back support from the time at which the Court heard the original matter.

Section 6 - Child Support Determination Initiated by Custodial Parent or Other

Interested Party

1. Answers must be served on the petitioning party and filed with the Court within 20 days of the date of service of the petition.
2. Upon request of either party the Court shall issue subpoenas to the adverse party, his or her employer, or any other person in possession of relevant information to appear or produce documents. Failure to comply with such a subpoena may be punishable as contempt of court.

Section 7 - Stipulated Agreement

At any time prior to the date of the hearing, the parties may enter into a stipulated agreement as to the establishment of parentage or the level of child support obligation. The court will not approve an agreement that provides for a level of child support that is substantially less than that provided for by the Hopi Tribal Child Support Guidelines established pursuant to Section 16 of this Ordinance. If the respondent contends that the Guidelines are unjust as applied to his or her situation, he or she must establish this in a hearing before the Hopi Tribal Court, pursuant to Section 16(F) of this Ordinance.

The signed stipulated agreement shall be submitted to the Hopi Tribal Court for approval and enforcement. After said agreement is approved by the Court, it shall be filed with the Clerk of the Tribal Court with a statement that it shall have the same force as an order issued by the Court. The obligation of the non-custodial parent to pay child support shall commence on the date that the stipulated agreement is filed.

Section 8 - Hearing Procedures

Section 9 - Content and Effect of Order

1. Monetary payments under a child support order shall be made to the Hopi Child Support Registry for distribution to the custodial parent or other resident guardian of the child. The Court may, however, order payments to be made elsewhere if there is a showing that it is in the best interests of the child. Payments of goods and services shall be made to the home of the child or elsewhere as the court orders or the parties arrange.
2. Each order for child support or maintenance payments shall include an order that the absent parent and custodial parent notify the Hopi Child Support Registry of any change of employer or change of address within 10 days of such change.
3. In the event the order contains a determination of child support obligation, the order shall be in favor of the child through his or her custodial parent or guardian. The payments may be made through another party or through a trust if there is a showing that payments through the custodial parent or guardian are not in the best interests of the child. The non-custodial parent has the burden of showing that the custodial parent is not the most appropriate trustee of child support payments for the child.
4. A custodial parent who receives TANF benefits on his or her own behalf or for the benefit of a child shall, at the request of the agency, assign child support rights for the TANF beneficiary child or children, to the Hopi Tribe or other federal or state agency which makes TANF payments to the custodial parent, with the exception of any portion of the payment passed through to the custodial parent.
5. The assignment of child support rights includes the right to prosecute any action to establish parentage, and to establish, modify, and/or enforce the amount of child support obligation, pursuant to this Ordinance or any other provision of applicable Hopi law. All such actions shall be brought in the name of the Hopi Tribe, or such other federal or state agency which made TANF payments to the custodial parents.
6. In the event the order contains a determination of child support payments, the order shall provide for wage garnishment and reception of state and Indian gaming winnings and income tax refunds as a means for execution on any unpaid child support obligation.
7. Wages shall also be subject to garnishment or voluntarily assigned before the non-custodial parent falls behind, as part of the original child support order or later upon motion of a party, unless there is a finding of good cause by the Court not to require garnishment or the parties have agreed in writing on an alternative method of ensuring payment.
8. A child support order shall constitute a lien on the real or personal property of the person that it is filed against from the date of its filing in the office of the clerk of the court where any of the property is situated. A copy of the recorded notice shall be sent to the person whose property is attached at his or her last known address. Exceptions: Hopi ceremonial and religious property and real property held in trust are exempt from such liens. This section also cannot be used to supersede the role of the villages or clans in determining inheritance or use of land.
9. Every child support order shall remain in effect until the eighteenth (18) birthday of the child for whose benefit it is entered, absent legal termination of parental responsibilities, such as emancipation or adoption of the child. If the child has not yet graduated from high school at the time of his or her eighteenth birthday, the order shall remain in effect so long as he or she is a full-time student in high school or a General Equivalency Diploma program.
10. Where the non-custodial parent is a minor, the Court may, at its discretion, choose to make the child support enforcement order enforceable against the parents of the minor non-custodial parent.

Section 10 - Enforcement of Order

Section 11 - Modification of Order; No Modification of Past Due Support

The child support obligation of an absent parent may be modified upon entry of an order by the Hopi Court. Either parent may petition the Court for an order based upon a showing of a change of circumstances supported by affidavit. Such petition shall require the other parent to appear and show cause why the decision previously entered should not be prospectively modified. The order to appear and show cause together with a copy of the affidavit upon which the order is based shall be served by the petitioning parent on the other parent in the same manner as the notice of delinquency. A hearing shall be set for not more than 50 days from the date of service.

A change in the Hopi Tribal Child Support Guidelines shall constitute a change in circumstances and shall justify modification of a child support order. The amounts of past due support may not be modified unless there is a showing of exceptional circumstances, such as insanity or lack of any legal, actual, or constructive notice of the award, that prevented the non-custodial parent from requesting a modification in the child support obligation. If the child support award becomes unjust due to changed circumstances of the non-custodial parent, the non-custodial parent has the duty to petition the court for a changed award at that time. He or she may not raise that change in circumstances as a reason not to pay a past due award.

Section 12 - Employers Must Donor Wage Assignments and Garnishments; Retaliation Prohibited.

No employer shall refuse to honor an order of garnishment entered by the court or a voluntary wage assignment executed pursuant to this Ordinance. Employers shall begin withholding income no more than 14 days after receipt of a true copy of the order.

No employer may discharge or take other adverse action against any employee because his or her wages have been subjected to assignment or garnishment for child support. An employer may, however, deduct the actual costs of complying with an order of garnishment or wage assignment, not to exceed five dollars, from the amount garnished or assigned. The employer must justify such deductions in a written itemization presented to the Hopi Child Support Registry and forwarded to the parties.

Section 13 - Full Faith and Credit for Foreign Child Support Orders

Section 14 - Post Minority Child Support

The Hopi Tribal Court has equitable jurisdiction to order a non-custodial parent to pay child support for the benefit of a child who has reached the age of majority (18 or older) if equity demands. Circumstances that may support an order of post minority support include the following:

Section 15 - Sovereign Immunity of the Hopi Tribe

Nothing in this Ordinance is intended to abrogate or otherwise impair the sovereign immunity of the Hopi Tribe.

Section 16 - Hopi Tribal Child Support Guidelines.

1. The Court may order child support in an amount different from that which is provided in these guidelines, only if all of the following five criteria are met:

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be used together with the accompanying information

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be

used together with the accompanying information

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be

used together with the accompanying information

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines and must be

used together with the accompanying information

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only cart of the overall guidelines and must be used together with the accompanying information.

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only part of the overall guidelines an must be

used together with the accompanying information

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only Dart of the overall guidelines and must be used together with the accompanying information.

SCHEDULE OF BASIC CHILD SUPPORT OBLIGATION

This Schedule is only cart of the overall guidelines and must be used together with the accompanying information

APPENDICES

FORMS

These forms are attached to assist parties and others in implementing this Ordinance.

Unless otherwise specified in this Ordinance, use of these forms is not mandatory or preferred.

The forms are separate from the Ordinance and may be changed as appropriate without formal reapproval by the Hopi Council.

Non-Custodial Parent pays $________ each month to Custodial Parent for Child Support Costs.

__________________________ _________

Custodial Parent's Signature Date

__________________________ _________

Non-Custodial Parent's Signature Date

BASIC VISITATION

INSTRUCTIONS FOR WORKSHEET A

Line 1. Gross Monthly Income:

Includes all income, except TANF, Food Stamps and Supplemental Security Income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return. Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income and multiply by 100 to get that parent's percentage of combined income.

Line 3. Number of Children:

Enter number of children on Line 3 of worksheet.

Line 4. Basic Support:

Round combined income to nearest fifty dollars ($50). Look at the basic child support schedule. In the far left-hand column of the basic child support schedule find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount in the combined column on Line 4.

Line 5. Children's Health and Dental Insurance Premium:

Parents who may obtain medical and/or dental insurance at a reasonable cost through their employment where their children's health care needs are not sufficiently met by the Indian Health Service are required to obtain such insurance. Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 5. Add costs paid by each parent and enter under the combined column on Line 5.

Line 6. Work-Related Child Care:

If child care is currently being provided, enter the cost paid by each parent for work related child care. If no child care is currently provided, but is necessary to allow the custodial parent to seek or maintain employment, then insert the documented cost of available child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's actual child care payment in that parent's column on Line 6. Add the cost for both parents and enter in the combined column on Line 6.

Line 7. Additional Extraordinary Costs:

Enter the amounts paid by each parent for any extraordinary medical, dental, behavioral health, or educational expenses incurred on behalf of the children, and transportation and communication expenses necessary for long distance visitation or time sharing. Add the cost for both parents and enter in the combined column on Line 7. For initial establishment of child support, there is no recoupment of past extraordinary costs. For modifications of child support, extraordinary costs may be recouped.

Line 8. Total Additional Support Costs:

Enter the amounts from lines 5, 6 and 7 in the column for each parent in order to determine the amounts actually to be paid for medical/dental insurance, work related child care, and additional expenses.

Line 9. Total Basic and Additional Support Costs:

Add the basic support amount from Line 4 and the total additional support costs from the combined column on Line 8.

Line 10. Multiply the total basic and additional support costs amount from Line 9 by the percentage for each parent from Line 2 to calculate each parent's child support obligation. The sum of these amounts in the combined column must equal the amount from Line 9.

Line 11. Enter each parent's amount of total additional support costs from Line 8.

Line 12. Subtract the amount of each parent's total additional support costs from line 11 from each parent's total basic and additional support costs entered on Line 10 to arrive at each parent's net monthly child support obligation. The Custodial Parent is deemed to be providing that amount of child support costs. The Non-custodial Parent's net monthly child support obligation shall be entered into the space provided, and shall be the amount paid to the Hopi Child Support Registry or other payee on a monthly basis.

__________________________ ________

Custodial Parent Signature Date

__________________________ ________

Non-Custodial Parent's Signature Date

Line 1. Gross Monthly Income:

Includes all income, except TANF, food stamps and supplemental security income. See text for allowed deductions from income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return. Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income and multiply by 100 to get that parent's percentage of combined income.

Lines 3 and 4. Basic Support:

Fill in the number of children on the worksheet (Line 3). Round combined income to nearest fifty dollars ($50). Look at the basic child support schedule. In the far left-hand column of that schedule, find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount on Line 4.

Line 5. Shared Responsibility Basic Obligation:

Multiply the basic obligation on Line 4 by 1.5.

Line 6. Each Parent's Share:

Multiply the support amount on Line 5 by each parent's percentage share on Line 2, and enter each parent's dollar share under that parent's column on Line 6.

Line 7. Each Parent's Time of Care for Children:

Enter the number of twenty-four-hour days of responsibility that each parent has each child in a year according to the parenting plan.

Line 8. Percentage of Twenty-Four-Hour Days With Each Parent:

Divide each parent's number of twenty-four hour days (Line 7) by three hundred sixty-five and multiple by 100 to obtain a percentage.

Line 9. Amount Retained:

Under shared responsibility arrangements, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five. Multiply each parent's share of basic support (Line 6) by the percentage in that parent's Line 8 and enter the result on that parent's Line 9. This is the amount that each parent retains to pay the children's expenses during that parent's periods of responsibility.

Line 10. Each Parent's Basic Obligation:

Subtract the amount retained by each parent for direct expenses (Line 9) from that parent's basic obligation (Line 6) and enter the difference on that parent's Line 10.

Line 11. Amount Transferred for Basic Support:

In shared responsibility situations, both parents are entitled not only to retain money for direct expenses but also to receive contributions from the other parent toward those expenses. Therefore, subtract the smaller amount on Line 10 from the larger amount on Line 10 to arrive at a net amount transferred for basic support.

Line 12. Children's Health and Dental Insurance Premium:

Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 12. Add costs paid by each parent and enter under the combined column on Line 12.

Line 13. Work Related Child Care:

Enter the cost paid by each parent for work related child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's figure in that parents column on Line 13. Add the cost for both parents and enter in combined column on Line 13.

Line 14. Additional Extraordinary Costs:

Enter the amounts paid by each parent for any extraordinary medical, dental, counseling, educational expenses children incurred on behalf of the children, and transportation and communication expenses necessary for long distance visitation or time sharing. Add the cost for both parents and enter in the combined column on Line 14. For initial establishment of child support, there is no recoupment of past extraordinary costs. For modifications of child support, extraordinary costs may be recouped.

Line 15. Enter Total of Lines 12, 13 and 14:

For each parent, total the amount paid by each parent for insurance, child care and additional expenses (Lines 12, 13 and 14). Enter total in that parent's column on Line 15 and the total of both parents' expenses under the combined column on Line 15.

Line 16. Each Parent's Obligation:

Multiply the total additional payments (combined column on Line 15) by each parent's percentage share of income on Lute 2, and enter each parent's dollar share of the additional payments on each parent's Line 16.

Line 17. Amount Transferred:

Subtract each parent's obligation for additional expenses (that parent's Line 16) from the total additional payments made by that parent (that parent's Line 15). The parent with a "Minus" figure pays the other parent the amount on Line 17.

Line 18. Combined Lines 11 and 17:

Combine the amount owed by one parent to the other for basic support (Line 11) and the amount owed by one parent to the other for additional payments.(Line 17). If the same parent owes for both obligations, add Lines 11 and 17, and enter the total. on Line 18. If one parent owes for basic support and other owes for additional payments, subtract the smaller amount from the larger and enter on Line 18. Fill in the blanks by stating which parent pays and which parent receives the net amount transferred.

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) ORDER OF GARNISHMENT
-vs- ) OF WAGES
____________________, C#_____ )
Respondent. )
__________________________________________)

To: ___________________
___________________
___________________
___________________
(Employer)

1. The Respondent, _______________________________, having been found liable for child support in this matter, you are hereby ordered to garnish __________ each month from his wages and forward it to the Hopi Child Support Registry, Hopi Tribal Court, P.O. Box 156, Keams Canyon, AZ, 86034, (520) 738-5171 in fulfillment of this child support obligation.
2. An automatic payroll deduction mechanism shall be instituted so that this amount shall be forwarded by the first of each month following any month during which the Respondent was in your employ and is entitled to this amount in compensation for his or her work.
3. If the first of the month immediately following the receipt of this order occurs before Respondent is entitled to receive the full amount set forth here, you may forward only that portion to which the Respondent is entitled, accompanied by a brief statement as to why the full amount is not present.
4. You shall not discriminate or take any adverse action against Respondent as a result of such garnishment.
5. You may deduct a reasonable amount from the forwarded amount to cover your costs in complying with this Order. This amount shall not exceed five dollars, and must be justified by a writing presented to the Registry.
6. If Respondent leaves your employ or the compensation for his or her employment changes, you shall notify the Hopi Child Support Registry of such change within ten working days.
7. You must give recognition to this order even if you are not located within the exterior boundaries of the Hopi Reservation. A.R.S. § 25-646 and N.M.S.A. § 40-6A-501.
8. Failure to comply with this order may result in a finding of contempt of court.

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) SUBPOENA FOR PRODUCTION
-vs- ) OF DOCUMENTS AND THINGS
____________________, C#_____ )
Respondent. )
__________________________________________)

To: ___________________
___________________
___________________
___________________

You are hereby ORDERED to produce the following documents concerning the above captioned case to _______________________ on or before the ___ day of __________, 199__.

Such documents shall be produced as kept in the ordinary course of business at the following location: _________________________________________________________.

The following documents shall be produced:

(Examples: Federal and state income tax returns; wage statements or pay stubs; medical or dental insurance policies; any other records showing past and current earnings; records of sales of arts and crafts or other self-employment; Indian gaming winnings; any other records showing past and current earnings.)

_____________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
_______________________________________

Failure to obey this subpoena may make you liable to prosecution and a warrant may be issued for your arrest.

Dated this ______ day of _____________, 199__.

______________________________

Clerk, Hopi Tribal Court

* * * * * * * * * * * * * * * * * * * * * * * * *

Received this _____ day of ___________________, 199___.

I have this _____ day of ___________________, 199___ served a copy of this subpoena to: _______________________________ at ____________________________

OR: I attempted to serve this subpoena on ________________________, 199__ and _____________________, 199__, and have been unable to serve this subpoena because ______________________________________________________________________.

Date__________ _______________________________

Name and Title

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#_____ )
Petitioner, )
) SUBPOENA FOR PRODUCTION
-vs- ) OF DOCUMENTS AND THINGS
____________________, C#_____ )
Respondent. )
__________________________________________)

To: ___________________
___________________
___________________
___________________

You are hereby ORDERED to appear for genetic testing at ___________________________ on or before the ___ day of __________, 199__ (at least 10 working days after date of service) to determine whether you are the father of the following child or children:

______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________

If such genetic testing results in a finding that you are the father of these children, you will be liable for the costs of such testing.

If you believe that you are the father of these children, you may avoid such testing by instead signing a Voluntary Declaration of Paternity. A form Declaration is attached.

Failure to comply with this order may make you liable to prosecution and a warrant may be issued for your arrest.

Dated this _____ day of _____________________, 199__.

____________________________________

Judge, Hopi Tribal Court

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#______ ) NO: __________
ADDRESS:____________________ )
_____________________________ ) PETITION FOR ESTABLISHMENT
SSN: _________________________ ) OF CHILD SUPPORT AND
Petitioner ) PARENTAGE
v. )
____________________, C#______ )
ADDRESS:____________________ )
_____________________________ )
SSN: _________________________ )
Respondent. )
AND CONCERNING )
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
)
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
__________________________________________)

Petitioner ____________________________ states her cause of action as follows:

1. The Petitioner __________________________ and minor child(ren) reside at ____________________________________.
2. (If applicable): The Petitioner and/or the minor child(ren) are enrolled as members of the _______________________________ Tribe.
3. To the best of Petitioner's knowledge, Respondent lives at _________________________; and his or her mailing address is ______________________________________________. (If applicable): Respondent is a member of the __________ Tribe.
4. (If applicable): Respondent and Petitioner were married from _____________________ to _________________________.
5. As a result of the relationship between Petitioner and Respondent the child(ren) named here was/were born:

   NAME - DATE OF BIRTH - CENSUS #

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

6. The Respondent is the father of the child(ren); he has [ ] has not [ ] acknowledged his paternity of the child(ren).
7. (If paternity not established and parties not in marriage recognized by license during conception:) Attached is the following evidence of the paternity of the Respondent:

[ ] Birth Certificate

[ ] Voluntary Declaration of Paternity

[ ] Results of genetic tests

[ ] Other ___________________________________

8. Petitioner's income is ___________________ from _____________employment, TANF, etc._____
9. The Respondent has not provided adequate support for his child(ren) and he is capable of providing such support.
10. Respondent has the following sources of income from which he could provide support for his child(ren) (wages, self employment, farming, disability insurance, pension, etc):

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

11. In addition to the normal costs of child-rearing, the Petitioner now bears the following costs:

WHEREFORE, Petitioner asks this Court to:

1. Declare the Respondent to be the father of the named child(ren).
2. Order the Respondent to pay child support in the amount of $______ per month.
3. Order the Respondent to pay a reasonable sum for Petitioner's costs and expenses incurred in maintaining this matter.
4. (If applicable): Order the Respondent to undergo genetic testing to establish his paternity of said child(ren).
5. Order such other and further relief as it deems proper under the circumstances.

DATE: __________ ___________________________________

Petitioner's Signature

___________________________________

Print Name

If child or parents are members of a village:

I hereby certify that a copy of the foregoing petition was filed with the following person:

(Name and address of Kikmongwi or other leader of Village of the child)

_____________________
_____________________
_____________________
_____________________

on this ____, of _________, 199__ by ____(U.S. Mail, Personal Delivery to leader or person at office of leader, etc.)________________________________ with the following statement:

The Hopi Tribal Court does not have original jurisdiction over this matter pursuant to Article III, Section 2, of the Hopi Constitution Your village may choose to handle this matter by the way traditional to your village; request the services of the Hopi Tribal Court to assist you in your processing of this matter; intervene in this action; or delegate jurisdiction to the Hopi Tribal Court. The deadline for your reply stating the decision of the village is (20 days from date of filing).

By: ________________________

Date: _______________________

Name(s) of Child(ren) whose parentage is at issue:

______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________

Name of child(ren)'s natural mother: ________________________________________________
Name of child(ren)'s natural father: _________________________________________________
Name of non-parent with legal custody of child(ren):___________________________________

I, ______________________________, am the [ ] father [ ] mother of the child(ren) listed above. I make this declaration and admission voluntarily, and not under duress, coercion or threat by any other person or party. I understand that this declaration and admission is legally binding and is treated the same as a judicial declaration of my paternity or maternity.

I have read and understood the above agreement.

____________________________________ __________________________________

Signature Date

STATE OF ARIZONA )
                                     ) : ss
 County of________________)

Signed and sworn to before me this ______ day of ______________, 19___.

_______________________________

MY COMMISSION EXPIRES:

_________________________

IN THE HOPI TRIBAL COURT

HOPI JURISDICTION

KEAMS CANYON, ARIZONA

____________________, C#______ ) NO: __________
ADDRESS:____________________ )
_____________________________ ) NOTICE OF DELINQUENCY
SSN: _________________________ )
Petitioner )
v. )
____________________, C#______ )
ADDRESS:____________________ )
_____________________________ )
SSN: _________________________ )
Respondent. )
AND CONCERNING )
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
)
____________________, C#______ )
DOB: ________________________ )
SSN: _________________________ )
Minor Child )
__________________________________________)

COMES NOW the Petitioner and provides notice to the Respondent that he/she is at least one month delinquent in his/here child support obligation and requests that this Honorable Court order his/her income withheld to ensure future compliance with that obligation. In support of which request Petitioner offers the following:

1. On ______________ Respondent was ordered to pay $_______ per month for the support of his/her children. Copy of Order attached.
2. Respondent has not paid any child support since ________________________, and is now $________ delinquent in his/her child support obligation.
3. To avoid immediate income withholding the Respondent must within twenty days of service of this notice file a motion to stay withholding providing evidence of one of the following:

1. That Petitioner is wrong regarding the existence or the amount of delinquency;
2. That this request does not comply with the Hopi Parental Responsibility Ordinance;
3. That Respondent has paid the delinquent amount since the filing of this notice;
4. That Petitioner and Respondent have agreed on an alternative method of payment.

1. If Respondent does not file such a motion within twenty days of service, this Court must issue an order that ______________________, located at ________________________, garnish Respondent's wages or other income owed to Respondent in the amount of $______ per month, the amount of his/her child support obligation.
2. Petitioner further requests that this Court order that an additional (twenty percent of child support obligation) per month be garnished until the past delinquency has been cured.
3. Petitioner verifies under penalty of perjury that the foregoing statements are true and accurate to the best of his/her knowledge.

Respectfully submitted this ______ of ___________________, _____.

______________________

Petitioner

PROOF OF SERVICE

Copy of the foregoing served on Respondent by certified mail on _____________________. A copy of the return receipt is attached.

By: ___________________