(c) The Court, with prior approval of the Spokane Indian Tribal Council may adopt a Spokane Tribal
Court Child Support Schedule.
7-3.15 Disposition of Property. In a proceeding for dissolution of marriage, legal separation, or a
declaration of invalidity, the Court shall, without regard to marital misconduct, divide the property and
liabilities of the parties, either community or separate, and order support for children, as shall appear just
and equitable after considering all relevant factors, including:
(a) The nature and extent of the community property;
(b) The nature and extent of the separate property;
(c) The nature and extent of any trust or restricted property which is subject to the jurisdiction of
the United States;
(d) The duration of the marriage; and
(e) The economic circumstances of each spouse at the time the division of property is to become
effective, including: the desirability of awarding the family home or the right to live therein for
reasonable periods to a spouse with whom the children reside the majority of the time; the
desirability of insuring that both spouses’ ability to continue working in their chosen field or
livelihood is not unreasonably jeopardized.
7-3.16 Assignments.
(a) In the event a person obligated to pay child support is in arrears for at least 1 month, the Court
may order the person obligated to pay child support to make an assignment in an amount not to
exceed that set forth in Section 4-15.01 of the Spokane Law and Order Code, of part of the
person’s periodic earnings, excluding trust income and per capitas, to the person entitled to
receive the payments.
(b) The assignment is binding on the employer, trustee, or other payer of the funds 2 weeks after
service upon such person of notice that the assignment has been made.
(c) The payer shall withhold the earnings or trust income payable to the person obligated to support
the amount specified in the assignment and shall transmit the payments to the Clerk of the
Court.
(d) The payer may deduct from each payment a sum not exceeding $1 as reimbursements for costs.
(e) An employer shall not discharge or otherwise discipline an employee as a result of a wage or
salary assignment authorized by this section.
7-3.17 Costs and Expenses.
(a) The Court, upon motion of a party, after considering the financial resources of both parties, may
order a party to pay a reasonable amount to the other party for the costs and expenses of
maintaining or defending any proceeding under this Chapter.
(b) For the purpose of this Section, costs and expenses may include fees of an attorney, litigation
costs and such other reasonable expenses as the Court finds necessary for the full and proper
presentation of the action, including any appeal.
(c) The Court may order all such amounts paid directly to the attorney, who may enforce the order
in his or her name with the same force and effect, and in the same manner, as if the order had
been made on behalf of any party to the action.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-3.18 Decree; Finality; Restoration of Maiden Name.
(a) A decree of dissolution of marriage or legal separation, or declaration of invalidity of marriage is
final when entered, subject to the right of appeal.
(1) An appeal from the decree of dissolution that does not challenge the finding that the
marriage is irretrievably broken does not delay the finality of that provision of the
decree which dissolved the marriage beyond the time for appealing from that provision,
and either of the parties may remarry pending appeal.
(2) An order directing payment of money for support of minor child(ren) shall not be
suspended or the execution thereof stayed pending the appeal.
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Revised Spokane Law & Order Code, 5/14/2013