Description
In 1996 a cooperative agreement was entered by the State of Oklahoma, Department of Child Support Services, Federal Office of Child Support Enforcement and the Chickasaw Nation to provide child support services to Native American children.
In 1998 Governor Bill Anoatubby implemented the Department of Child Support Services. The department was established to assist Indian children in receiving their mandated child support. The Chickasaw Nation was the first tribe to receive direct funding under Personal Responsiblity and Work Opportunity Reconciliation Act (PRWORA) to provide child support services to Indian children.
The Chickasaw Nation is not, for the most part, subject to the laws of Oklahoma. The codes of the Chicksaw Nation and 25 CFR (Code of Federal Regulations) govern the tribe's operation. Governor Anoatubby authorized CSE to extend services to all tribes located in Oklahoma. By providing services to all tribes, the tribe assures that children are now receiving much needed financial support.
Eligibility
You are eligible to apply for Tribal Child Support Enforcement (TCSE) services if you have a CFR or tribal court order, Certificate Degree of Indian Blood (CDIB) card and live within the CFR or tribal court's jurisdiction. The Native American children must be living in the home of custodial parent.
If you do not have a child support order or paternity has not been established, the absent parent must be Native American or willing to submit to the CFR or tribal court's jurisdiction. The absent parent must reside within the jurisdiction of the tribal or CFR court boundaries.
If the Native American child or custodial parent is receiving state assistance (ex: TANF or Medical) or the child is in Indian Child Welfare or Child Welfare custody, your child support case will be opened from a referral from your TANF/Medical/ICW/CW caseworker.
TO OPEN A CASE THE FOLLOWING MUST BE SUBMITTED:
- Department of Child Support Services Application
- Copies of CDIB cards for children and/or custodial parent
- Copies of two most recent payroll check stubs
- Copies of all tribal or CFR court orders, modifications, and income assignments signed by the judge
- Affidavit of all child support payments paid directly to the custodial parent
- Affidavit of extended time children not in the custodial parent's care.
TRIBAL REFERRAL PROCESS TO TRANSFER A CASE FROM OKLAHOMA DHS, CAP OR DISTRICT ATTORNEY'S OFFICE:
The custodial parent may request their case to be transferred to Chickasaw Nation's Department of Child Support Services if:
- The case has a tribal or CFR order for support
- The non-custodial parent is enrolled or eligible for enrollment with a federally recognized tribe (verifcation must be provided)
- The non-custodial parent lives on tribal, reservation or restricted land and within the jurisdiction of tribal or CFR court
- Both parties are Native American and paternity is needing to be established
- Children are placed in the custody of Indian Child Welfare (ICW) custody, or if there is a district court or administrative order for support, the non-custodial parent must be Native American and/or employed with a tribal owned business or stipulate to the jurisdiction of tribal or CFR court
To request a case transfer, please contact your local child support office. The child support office may contact TCSE to ensure your case meets the criteria for case transfer. Your child support case may be returned to the local office, if TCSE determines that there is no jurisdiction or the non-custodial parent is not an enrolled member of a federally recognized tribe.
SERVICES NOT PROVIDED BY CSE:
TCSE attorney and court advocates represents the interest of the tribe, the state and children, but not the custodial or non-custodial parent. TCSE does not provide the following services:
- Divorce actions
- Legal advice
- Property settlements
- Visitation and custody issues
- Attorney's fees
- Private consultation with child support attorney
- Collection of medical bills
- Collection of day care expenses
- Representation in contested modification proceedings that CSE has not initiated
The custodial and non-custodial parent may contact private legal counsel at their own expense. Please notify TCSE if you have obtained legal counsel.
