13.35.250 Factors.
The amount that would be ordered under the Schedule may be found to be inappropriate or unjust if one or more of the following factors applies:
(a) Stipulation. The parties have stipulated to a different child support arrangement and the Court makes a finding for deviating from the guidelines.
(b) Substantial Hardship. Application of the guidelines may be inappropriate or unjust if it would cause substantial hardship to the noncustodial parent, the custodial parent, or the subject children under the circumstances.
(1) Whenever application of the child support guidelines requires a person to pay more than 40 percent of his net income for current, nondelinquent support, there shall be a presumption of substantial hardship.
(2) There shall be a presumption of substantial hardship if the obligor’s income falls below the federal poverty line and the guidelines child support amount would require the obligor to pay more than 10 percent of net monthly income.
(c) Seasonal or Nonrecurring Income. If the income of either parent is seasonal or nonrecurring, the obligation may be set at a different amount than it otherwise would be, or it may be set on a schedule that varies the amount at different times of the year.
(d) Services Provided by Tribe or Other Agency. Whenever the Tribe or another agency provides health care, housing, or other basic needs for the child(ren) at no cost or reduced cost, such services may be considered as a basis for setting a lower amount of support than would otherwise be determined.
(e) Mental or Physical Disability. In the case of a child with a serious mental or physical disability which prolongs his or her dependence on his or her parental income, the Tribal Court may when appropriate order that support continue past the age of 18 and be paid to the parent or guardian with whom the child resides, or to the child. A child’s special medical or other needs may be considered as a basis for setting a higher amount of support.
(f) Substantial Wealth. In the case of a parent with substantial wealth, the Tribal Court may set a higher amount of support than would otherwise be determined.
(g) Voluntary Unemployment. When a parent has declined to pursue employment opportunities reasonably open to them based on their ability and local employment opportunities, the Court may impute to them that amount of income that they are reasonably capable of earning and calculate a child support award based on the imputed income. The amount of income imputed shall be the amount a person with comparable education, training and experience could reasonably expect to earn in the locality.
(h) Education. The Court may order that the costs of educating a child be added to a child support obligation.
(i) Use of Residence. If a noncustodial parent gives up the right to live in the parents’ former marital or jointly owned residence, the value of the use of the residence may be treated as an offset against the support obligation of that parent. If a parent offers their residence to be used for visitation purposes, they may receive a credit against their support obligation reflecting the value of the use. [Ord. 50 § 7.6(2), adopted, 3/23/2017.]