(b) The Court shall upon motion of either party after expiration of 6 months from the entry of a
legal separation, convert the decree to a decree of dissolution of marriage.
(c) Upon request by a wife whose marriage is dissolved or declared invalid, the Court shall order
her maiden name or a former name be restored.
7-3.19 Independence of Provisions of Decree or Temporary Order. If a party fails to comply with a
provision of a decree or temporary order or injunction, the obligation of the other party to make payments
for support or maintenance or to comply with a parenting plan is not suspended, but he may move the Court
to grant an appropriate order.
7-3.20 Modification and Termination of Provisions for Child Support and Property Disposition.
(a) Except as otherwise provided in subsection 7-3.11(F), the provisions of any decree respecting
child support may be modified only as to installments accruing subsequent to the motion for
modification and, except as otherwise provided in subsection (b) below, only upon a showing of
changed circumstance which are substantial and continuing.
(b) The provisions as to property disposition may not be revoked or modified, unless the Court finds
the existence of conditions that justify the reopening of a judgment under the laws of the
Spokane Tribe of Indians.
(c) An order of child support may be modified 1 year or more after it has been entered without a
showing of changed circumstances which are substantial and continuing if:
(1) The order works a severe economic hardship on either party or the child;
(2) A party requests an adjustment in an order which was based on guidelines which
determined the amount of support according to the child’s age, and the child is no
longer in the age category on which the current support amount is based;
(3) A child is still in high school, upon a finding that there is a need to extend support
beyond the 18 birthday to complete high school; or
(4) There has been a change in the Court-adopted Child Support Schedule.
(d) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the
support of a child are terminated by emancipation of the child, but not by death of a parent
obligated to support the child.
(1) When a parent obligated to pay support dies, the amount of support may be modified,
revoked or commuted to a lump sum payment, to the extent just and appropriate in the
circumstances.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
Section 7-4 Parentage
7-4.01 “Parent and Child Relationship” Defined. As used in this Code, “parent and child relationship” means
the legal relationship existing between a child and his natural or adoptive parents incident to which the law
confers or imposes rights, privileges, duties, and obligations.
(a) It includes the mother and child relationship and the father and child relationship.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-4.02 Relationship Not Dependent on Marriage. The parent and child relationship extends equally to every
child and to every parent, regardless of the marital status of the parents.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-4.03 How Parent and Child Relationship Established. The parent and child relationship between a child
and:
(a) the natural mother may be established by proof of her having given birth to the child, or under
this Chapter;
(b) the natural father may be established under this Chapter; or
(c) an adoptive parent may be established by proof of adoption or under the laws of the Spokane
Tribe.
7-4.04 Presumption of Paternity.
(a) A man is presumed to be the natural father of a child if:
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Revised Spokane Law & Order Code, 5/14/2013