National Association of Tribal Child Support Directors logo NATCSD

Per Capita Payments

I know I have heard that some Tribes do not allow their per capita payments to go towards state arrears, can you tell me how your Tribe went about doing so. Was this done by tribal resolution or by other means?

Thank you,
Jeanette Moody

Nez Perce Tribe

3 Responses

  1. Hi Jeanette,
    Tlingit & Haida Tribe does not give out Per Capita payments. However, Alaska Tribes have separate entities often referred to as “ANSCA” or “Native Corporations” that were set up under the Alaska Native Claims Settlement Act. Some of the Native corporations have profits that are distributed to “shareholders,” most of whom are tribal citizens. Under ANSCA laws, child support can only be garnished when there are arrears owed to the family, and cannot be garnished when the debt is owed to a State. Alaska is complicated, with 229 federally recognized Indian tribes that also have authority to make and enforce their own laws, 13 regional Native Corporations and many other “Village Corporations.” Tlingit & Haida Tribe does not have any specific law that prohibits garnishment of ANSCA funds. Both the Tribe and State of Alaska abide by federal ANSCA laws, and do not attempt to garnish ANCSA funds when the debt is owed to a State.

Leave a Reply

Discussion Search