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As used in this Code, these terms have the following meanings:

“Child” means any person under the age of 18, or any person who 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.

“Child support” means a payment of money, the provision of in-kind, traditional, or customary support, the provision of any benefit (including payment of health insurance, child care, and educational expenses), or arrearages with respect to any of the foregoing, which is intended for the support or care of a child. Unless otherwise provided, 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.

“Child support order” means a judgment, decree, or order issued by a court or administrative agency of competent jurisdiction for the support and maintenance of a child or of the parent with whom the child is living, which provides for child support and which may include income withholding, related costs and fees, interest and penalties, and other relief.

“Child support schedule” is a guideline that the Tribal Court shall use in calculating in a fair and consistent manner the amount of child support payments equitable in any given situation. The Schedule is found at Appendix A to Chapter 13.35 YTC.

“Community property” generally means property acquired during marriage, except by gift, inheritance or devise to either spouse individually. Allotted/assigned property, regalia, and any property created for the primary purpose of involvement in dance and/or ceremony will be treated as separate property regardless of when it is acquired. All other property acquired during marriage is presumed to be community property.

“Conciliation conference” means a conference conducted by an impartial third party to assist married parties in determining the prospects of preserving the marital relationship as opposed to instituting or continuing with dissolution proceedings.

“Extended family” means those who are considered extended family by virtue of their relationship to any party to an action pursuant to this Code or the laws and the tradition of the Yurok Tribe.

“Marriage” is the union of two individuals by any ceremony or practice recognized under Yurok law, and includes marriages according to Yurok custom and tradition.

“Net income” is the amount of income remaining after subtracting certain mandatory deductions – including federal, state, local, and Tribal taxes, and other deductions determined by Tribal law – from a person’s gross income. YTC 13.35.150 describes how to calculate net income.

“Noncustodial parent” means a parent of a child or children 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.

“Obligee” means either the person to whom support has been ordered to be paid, the Yurok Tribe child support services program or another Tribal, state, or federal entity to which the rights under a support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee, or another person designated by the Court to receive the support payment.

“Obligor” means a person who owes a duty of support and is liable for support payments under a support order.

“Parent” is defined herein and shall also include those persons who by culture and tradition or practice have parented a child subject to the rules of the Yurok Tribe.

“Parenting plan” means a plan for parenting the child, including allocation of parenting functions, which is incorporated in any final decree in an action for dissolution of marriage, declaration of invalidity, legal separation, or child custody.

“Presumption” means a fact assumed to be true under law.

“Separate property” generally means property acquired before marriage or acquired during marriage by either spouse individually as a result of a gift, inheritance or devise. Separate property also includes allotted/assigned property, regalia, and any property created for the primary purpose of involvement in dance and/or ceremony, regardless of when it is acquired. Property acquired after a legal separation is also separate property, provided community property did not generate the funds for the acquisition.

“Spousal support order” means a judgment, decree, or order issued by a court of competent jurisdiction for the support and maintenance of a spouse or former spouse.

“Traditional or customary support” means any resources or services which may be found to qualify as child or spousal support according to the laws, traditions, customs or practices of the Yurok Tribe (including, but not limited to, provision of fish, game, other food, clothing, firewood, or child care).

“Yurok child support services program” is the entity charged with child support enforcement on the Yurok Reservation and which is authorized to seek enforcement of support orders or laws relating to the duty of support, establishment or modification of child support, determination of parentage, and location of absent parents and their assets. [Ord. 50 § 1.2, adopted, 3/23/2017.]