Tulsa World: Tribes seek state tools for child support

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Tribes seek state tools for child support
Deadbeat parents avoid support payments because tribes lack enforcement.

By CLIFTON ADCOCK World Staff Writer
Published: 7/13/2009 2:25 AM
Last Modified: 7/13/2009 3:34 AM

When the father of Vera LeClair's 8-year-old son told the Ponca Nation tribal court judge that he would be getting money back from his federal income tax return and would use it to pay back child support, LeClair believed that money would be coming soon.

A few months later, she found out that he had gotten the check, cashed it and spent the money.

"He shouldn't even have gotten that money," LeClair said. "They keep telling him the same thing. You have to pay her this much and every time we go back to court, but he never brought a payment. They didn't even try to garnishee his income tax check."

What LeClair didn't know was that she would be one of many who has gotten caught in part of the legal limbo that exists between the state and the tribes in child support enforcement.

Currently, the eight tribes that have child support programs are in negotiations on contracts that would allow the state to perform intercepts of IRS and state tax refunds for noncustodial parents who owe child support money. Under federal law, only states can make tax refund intercepts.

Though some tribes do have memorandums of understanding with the state allowing them to work together to obtain tax refund intercepts, not all tribes have such agreements, including the Ponca Nation, tribal child support officials say.

"It's an enforcement tool and it's real important," said Deborah Yates, director of the Comanche Nation's child support program and president of the National Tribal Child Support Association.

"Unfortunately, a lot of the noncustodial parents only pay with their income tax return, and in their mind, that's how they pay their child support. That's an enforcement tool we don't have access to."

Mixed access

Another issue being negotiated are the tribes' access to state information, several tribal child support officials said. Again, none of the tribes have formal agreements with the state, but five tribes — the Chickasaws, Cherokees, Kaws, Modocs and Osages — have memorandums of understanding allowing them access to the Oklahoma Department of Human Services' computer system to locate custodial and noncustodial parents. Two others, the Muscogee (Creek) Nation and the Ponca Nation, have view-only access to the data, and one, the Comanche Nation, has no access to the system, Yates said.

The lack of a legally binding contract on both income tax return intercepts and data access may mean that the state as well as the tribes are out of compliance with federal regulations governing tribal child support programs, Yates said.

"They basically are logged onto the state system almost like a state office, and they are able to do that although there is no agreement in place, and it's starting to get a little sticky," Yates said. "It's like if you rent from someone but there's really not a signed lease agreement, then it's risky for the landlord and tenant, and that's the kind of situation the tribes are in."

The federal child support enforcement commissioner is aware of the situation in Oklahoma and is allowing the state and tribes to work through the issue, so the program's funding is probably not in jeopardy, Yates said.

The tribal child support programs are authorized under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

"Even though the federal government has allowed for tribes to operate a child support program, the playing field is not completely level," said Greg Kidder, director of the Osage Nation child support program. "The states have the access, they have access to Social Security information, and right now tribes are shut out on that. It's nothing on the tribe's end, it's that we don't have that component through legislation that allows access to Social Security information."

Resolution sought

Most of the tribes involved in the matter say they hope it is resolved soon.

"At this time, the Cherokee Nation Office of Child Support Enforcement and the State of Oklahoma continue to work together toward a final agreement," said Angel Smith, director of Cherokee Nation's child support program. "CNOCSE remains pleased with the benefit to all clients produced by the strong working relationship of the state, tribal and federal offices."

The state, too, is hoping for a quick resolution.

"We in the state child support program in Oklahoma applaud the efforts of our tribal partners to further the resources available to families," said Gary Dart, division director for Oklahoma Child Support Services. "If we can form a web of partnerships throughout our state, families can hope to see a seamless network of professionals working together to ensure reliable support for our children no matter where they live."

The IRS is working to come up with a legislative fix to the situation, though that fix would likely require Congress to amend the tax code, Yates said.

"Because of jurisdictional boundaries, they couldn't serve parties to a child support case if they were on Indian land," Yates said. "It was difficult to impossible because of jurisdiction. That's why tribal child support is a critical player in all of this because we know who our citizens are, we know how to locate them, we can go on Indian land. It should be a dream partnership, and it can be, and I believe it will be. We just have to iron out some of the wrinkles."

Tribes have advantages to enforce child support

Although the income tax intercepts of parents who owe child support may be up in the air for tribes at the moment, tribal child support programs do offer some things that the state cannot, such as in-kind payment methods, said Anna Primeaux, Ponca Nation child support director.

“A lot of our Native people, there’s different things they can do that have monetary value,” Primeaux said. “For instance, maybe Joe can’t get a job, maybe there are things that are stopping him from working, but he might be able to work on the (custodial parent’s) car and get her car running to get her to work. We can establish a monetary value on him working on that car. We can get a dollar amount and deduct that off his support with the custodial parent’s consent. The state doesn’t do that.”

In addition, tribal child support programs offer a more personal element to the process, and employees are mostly American Indian, and can relate to American Indian family issues better, said Marcy Moore, director of Creek Nation’s child support program.

“I think we’re more customer friendly, I think we have closer dealings with the applicants and their issues,” Moore said. “We don’t have the same caseload as the state does so that we can spend more time on each case. We’re available. You can call our office at any time and talk to somebody.”

Both Moore and Primeaux said they hope the law is changed to allow tribes the same tools as state programs.

Clifton Adcock 581-8462
clifton.adcock@tulsaworld.com By CLIFTON ADCOCK World Staff Writer

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	Report Comment T.B'Ville, Bartlesville (7/13/2009 5:03:32 AM) Why dont the tribes step up and enforce visitation. Its all about the money. I believe in child support, but when the custodial parent can make a living off of it I dont.
	Report Comment rdhm, (7/13/2009 5:18:20 AM) Yea! Why doesn't the state step up and enforce visitation also!I paid child support for 14 years and not once did the state help me see my child. They were there 100% to make sure I paid and I agree with that. It is just soooo one sided.
	Report Comment Mar, Tulsa (7/13/2009 10:50:39 AM) The tribes seem to want to have their cake and eat it too. They want to be a soverign nation, but then want the state to help them. You shouldn't have it both ways. Good idea, righton.
	Report Comment Non-BUBBA, Tulsa (7/13/2009 12:36:35 PM) My daughter's mother moved her 750 miles away when she was 4. I've never missed a support payment; watched her grow up in pictures. I was able to drive there a couple of times a year, did as much as I could from afar. She is 18 now. I didn't want her to move, but my opinion wasn't considered.
	Report Comment On the fence, Tulsa (7/13/2009 12:38:40 PM) I know many of you are close minded when it comes to tribal government. But, if this lightens the caseload for Oklahoma DHS, then it may be a benefit to everyone. I seem to remember a few recent DHS cases where they dropped the ball because they are overwhelmed. Of course, the real solution would be to give tribal governments the authority to garnish tax returns. More power to the tribes is always a good idea.
	Report Comment What the ?, Tulsa (7/13/2009 3:32:22 PM) righton has NEVER been right on.
	Report Comment tulsandn, Boswell / Tulsa (7/13/2009 4:32:30 PM) In 2004 I was denied DHS assistance because the case worker informed me I was a member of a NATIVE AMERICAN TRIBE, which led me to move from Tulsa because the CHOCTAW NATION at that time only assisted the members that resided within their 10 1/2 county jurisdiction.... Also, Native Americans still pay STATE TAXES just like EVERYBODY ELSE.....Even if we are employed by our tribe....
	Report Comment tulsandn, Boswell / Tulsa (7/13/2009 4:33:47 PM) WE PAY FEDERAL TAXES ALSO....
	Report Comment tao4mind, Enid (7/13/2009 5:11:08 PM) Being a household driver in the moving industry I find 80% of our cash labor force is hiding from child support enforcement. The other 20% are hiding from the police! In our society we seem to tolerate the ability to hide from enforcement and promote no accountability for your children. Cash-for-work projects are labor-intensive and easy to audit, since little can be done by the IRS since all names and Social Security numbers are faked. This pattern and practice is part of the trucking industries company policies for cash lumpers. I have seen law enforcement show up early in the morning at a major moving company and it looked like a covey of quail as cash workers flew the coup.
	Report Comment Clastina, Mounds (7/13/2009 10:38:53 PM) I have been on both sides of this issue. In love with a man that already had a child and went to court with him for none payment(should have been a sign) as well as taking him to court myself for the same thing. Visitation is a complete seperate matter- If you get taken to court for support- you will have to get lawyer for visitation order. If you have an order- take her to court for contempt.
	Report Comment Bullhead, Nicut (7/13/2009 10:47:52 PM) The Cherokee Nation can't even get a neglected child out of a place even with proof. They refuse to take a AI child away from a neglectful white person and give the child to the AI parent who is responsible. It's sickening. This is one area CN is falling down on the job is child support and removing children from bad homes. I don't know who is in charge of this department but they need to be removed. Probably someone with a Phys Ed degree running that division.
	Report Comment Ed 8 R, Non (7/13/2009 10:52:36 PM) The Cherokee Nation of Oklahoma has been running a child welfare court for years now. I wonder what would be the result if someone not satisfied with that courts decision contested the CNOs right to even have a court. According to the BIA the Curtis Act disabled the Cherokee courts and the assistant secretary says CNO is not Cherokee Nation anyway. Talk about a can of worms... It's these CNO snakes that should be canned.
	Report Comment Thunder196, Tulsa (7/13/2009 11:29:12 PM) In the mean time, the one really being hurt, is the child. No one has the power to do anything, the child is stuck out there in limbo territory.

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