[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: 45CFR310.105]

[Page 327-328]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 310_COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS
--Table of Contents
 
                 Subpart C_Tribal CSE Plan Requirements
 
Sec. 310.105  What procedures governing guidelines for the establishment 

and modification of child support obligations must a Tribe or Tribal 
organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan:
    (1) Establishes one set of child support guidelines by law or by 
judicial or administrative action for setting and modifying child 
support obligation amounts;
    (2) Includes a copy of child support guidelines governing the 
establishment

[[Page 328]]

and modification of child support obligations; and
    (3) Indicates whether in-kind or non-cash payments of support will 
be permitted and if so, describes the type(s) of in-kind (non-cash) 
support that will be permitted and how such in-kind (non-cash) payments 
will be converted into cash equivalents if necessary.
    (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.
    (c) The Tribe or Tribal organization must ensure that child support 
guidelines are reviewed at least every three years.
    (d) The Tribe or Tribal organization must provide that there shall 
be a rebuttable presumption, in any judicial or administrative 
proceeding for the award of child support, that the amount of the award 
that would result from the application of the guidelines established 
under paragraph (a) of this section is the correct amount of child 
support to be awarded.
    (e) A written finding or specific finding on the record of a 
judicial or administrative proceeding for the award of child support 
that the application of the guidelines established under paragraph (a) 
of this section would be unjust or inappropriate in a particular case 
shall be sufficient to rebut the presumption in that case, as determined 
under criteria established by the Tribe or Tribal organization. Such 
criteria must take into consideration the best interests 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.