NAVAJO NATION
CHILD SUPPORT GUIDELINES
The Navajo Nation Supreme Court adopted these guidelines by Order No. SC-SP-03-95 on May 10, 1996.   They were approved by the Judiciary Committee of the Navajo Nation Council on July 25, 1996 in Resolution No. JCJY-9-96.
See also Resolution CD-111-94 Adopting the Navajo Nation Child Support Enforcement Act.
Basic Child Support Schedule
Worksheet A -- Basic Visitation   Instructions

Worksheet B -- Shared Responsibility   Instructions
I.

INTRODUCTION

The Navajo Nation Child Support Guidelines are based on the Income Shares Model. The Income Shares Model is predicated on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. A basic child support obligation is computed based on the combined income of the parents (replicating total income in an intact household). The Income Shares Model provides an objective basis for determining the average costs of children in households across a wide range of income.

The guidelines shall place a duty for child support upon either or both parents based on their respective financial resources. These guidelines shall be reviewed for possible revision at least once every four years to ensure that the amounts provided for in the guidelines are periodically adjusted for increases or decreases in the costs associated with the care and support of children within the Navajo Nation.

II.

PURPOSE OF THE CHILD SUPPORT GUIDELINES

The purposes of the child support guidelines are to:

  A. establish as Navajo Nation policy an adequate standard of support for children, subject to the ability of parents to pay;
  B. make support payments more equitable by ensuring more consistent treatment of persons in similar circumstances; and
  C. improve the efficiency of the court process and administrative hearing process by promoting settlements and giving guidance in establishing levels of child support to the Navajo Nation Courts, Office of Hearing and Appeals, and the parties.
II.

USE OF THE CHILD SUPPORT GUIDELINES

In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. The Navajo Nation Child Support Guidelines shall be used for temporary and permanent orders, separations, dissolutions, and support decrees arising despite non-marriage of the parties. The Navajo Nation Child Support Guidelines shall be used by the Office of Hearings and Appeals and the Navajo Nation Courts as the basis for reviewing the adequacy of child support levels in non-contested cases as well as contested bearings.

IV.

DETERMINATON OF CHILD SUPPORT AMOUNT

To establish or modify child support, the child support guidelines as set forth shall be applied to determine the child support for the amount of support due. A specific amount of child support should always be ordered, however, no matter how minimal, to establish the principle of that parent's obligation to provide monetary support to the child.

  A. For the purposes of the Guidelines, specified in this section:
    1. "Income" is defined as actual gross income of a parent if employed to full capacity, or potential income if unemployed or underemployed. Income need not be imputed to the primary custodial parent actively caring for a child of the parties who is under the age of six or disabled. If income is imputed, a reasonable child care expense may be imputed. 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 remarriage;
    2. "Gross income" includes income from any source and includes, but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends" severance pay, pensions, interest, trust income, annuities, capital gains, 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:
      (a) "Gross Income" shall not include benefits received from means tested public assistance programs or child support received by a parent for the support of other children;
      (b) For income from self-employment, rent, royalties, proprietorship of a business or joint ownership of a partnership or closely held corporation, "gross income" 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 or Office of Hearings and Appeals to be inappropriate for purposes of calculating child support;
      (c) "Gross Income" shall not include the amount of alimony payments actually paid in compliance with a court order;
      (d) "Gross Income" shall include the amount of child support actually paid by a parent in compliance with a court order; and
      (e) "Gross Income" shall include a reasonable amount for a parent's obligation to support prior children who are in that parent's custody.
  B. Definitions as used in this section:
    1. "children of the parties" means the natural or adopted child or children of the parties to the action before the court but shall not include the natural or adopted child or children of only one of the parties;
    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. "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.
  C. The basic child support obligation shall be calculated based on the combined income of both parents and shall be paid by them proportionately pursuant to Subsection I of this section. If the parent is unemployed the minimum wage rate shall be used to compute the income of that parent, if the parent is physically capable of working, unless otherwise provided under these guidelines.
  D. Physical Custody adjustments shall be made as follows:
    1. For basic visitation situations, the basic child support obligation shall be calculated using The Basic Child Support Schedule Worksheet A and instructions contained in Subsection I of this section. The Court or Office of Hearing and Appeals may provide for a partial abatement of child support for visitation of one month or longer; and
    2. For shared responsibility arrangements, the basic child support obligation shall be calculated using the Basic Child Support Schedule, Worksheet B and instructions contained in Subsection I of this section.
  E. In shared responsibility situations, 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.
  F. The cost of providing medical and dental insurance for the children of the parties and the net reasonable child care costs incurred on behalf of these children due to employment or job search of either parent shall be paid by each parent in proportion to his income, in addition to the basic obligation. While acknowledgment or establishment of parentage for purposes of receipt of medical and dental services through the Public Health Service, Indian Health Service (IHS), is required, each parent shall provide their proportional share of the cost of supplemental medical and dental insurance which may be available to them. through their employment.
  G.

The child support may also include the payment of the following expenses not covered by the basic child support obligation:

    1. any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;
    2. any extraordinary educational expenses for children of the parties; and
    3. transportation and communication expenses necessary for long distance visitation or time sharing.
  H.

Deviations

    1. The Office of Hearings and Appeals or 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:
      (a) Application of the guidelines is inappropriate or unjust in the particular case; and
      (b) Deviation is in the best interest of the child(ren) for whom the child support obligation is being established; and
      (c) The Office of Hearings and Appeals or court states what award amount is calculated by application of the guidelines; and
      (d) The Office of Hearings and Appeals or court states the amount of child support which is actually awarded after the deviation.
      (e) The Office of Hearings and Appeals or court makes written findings regarding items (a) through (d), above.
    2.

Whenever application of the child support guidelines set forth in this section requires a person to pay to another person more than forty percent of his gross income for a single child support obligation for current support, there shall be a presumption of a substantial hardship, justifying a deviation from the guidelines.

 

BASIC VISITATION
INSTRUCTIONS FOR WORKSHEET A

Line I. Gross Monthly Income:
Includes all income, except AFDC, 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 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 are required to obtain such insurance. Both parents shall disclose to NNCSEP the cost of any medical and/or dental insurance available through their employment. 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, 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 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 Absent Parent's net monthly child support obligation shall be entered into the space provided, and shall be the amount paid to the state Title IV-D child support enforcement payment clearinghouse on a monthly basis.

 

SHARED RESPONSIBILITY
INSTRUCTIONS FOR WORKSHEET B

Line 1. Gross Monthly Income:
Includes all income, except AFDC, 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 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 1) by three hundred sixty-five 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 tine 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. Cost Paid for Additional Expenses:
Enter the cost paid by each parent for additional expenses provided by Subsection G of this section on Line 14.

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 Line 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.