[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR309.105]

[Page 310-311]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
                 Subpart C_Tribal IV-D Plan Requirements
 
Sec. 309.105  What procedures governing child support guidelines must a 
Tribe or Tribal organization include in a Tribal IV-D plan?

    (a) A Tribal IV-D plan must: (1) Establish one set of child support 
guidelines by law or action of the tribunal for setting and modifying 
child support obligation amounts;
    (2) Include a copy of child support guidelines governing the 
establishment and modification of child support obligations;
    (3) Indicate whether non-cash payments will be permitted to satisfy 
support obligations, and if so;
    (i) Require that Tribal support orders allowing non-cash payments 
also state the specific dollar amount of the support obligation; and
    (ii) Describe the type(s) of non-cash support that will be permitted 
to satisfy the underlying specific dollar amount of the support order; 
and
    (iii) Provide that non-cash payments will not be permitted to 
satisfy assigned support obligations;
    (4) Indicate that child support guidelines will be reviewed and 
revised, if appropriate, at least once every four years;
    (5) Provide that there shall be a rebuttable presumption, in any 
proceeding for the award of child support, that the amount of the award 
that would result from the application of

[[Page 311]]

the guidelines established consistent with this section is the correct 
amount of child support to be awarded; and
    (6) Provide for the application of the guidelines unless there is a 
written finding or a specific finding on the record of the tribunal that 
the application of the guidelines would be unjust or inappropriate in a 
particular case in accordance with criteria established by the Tribe or 
Tribal organization. Such criteria must take into consideration the 
needs of the child. Findings that rebut the guidelines must state the 
amount of support that would have been required under the guidelines and 
include a justification of why the order varies from the guidelines.
    (b) The guidelines established under paragraph (a) of this section 
must at a minimum:
    (1) Take into account the needs of the child and the earnings and 
income of the noncustodial parent; and
    (2) Be based on specific descriptive and numeric criteria and result 
in a computation of the support obligation.