Lummi Nation Child Support Program
Frequently Asked Questions
Find general information about applying for services, parentage, support orders, payments, TANF, jurisdiction, and other child support topics.
General information only. Individual cases may involve additional facts, legal requirements, court orders, or jurisdictional issues. Contact the program for assistance with a specific case.
Getting Started
How do I open a child support case?
Contact the Lummi Nation Child Support Program or visit the office during normal business hours. Services are available at no cost. Staff can assist you with completing an application and identifying supporting documents.
Who may request services?
A request for services may be made by:
- A parent.
- A person entitled to receive child support.
- A person responsible for paying child support.
- An authorized tribal agency.
- An authorized state agency.
Do parents have to be enrolled Lummi Nation members?
No. Parents do not have to be enrolled Lummi Nation members to apply. Eligibility and jurisdiction depend on the children, parents, residence, tribal affiliation, existing orders, and other facts of the case.
Is there a fee to apply?
No. There is no application fee.
What can I expect when I visit the program?
You may meet with an Intake Specialist who can help you complete an application. You will be asked for information about yourself, the children, and the other parent. Providing complete and accurate information can help the process move more efficiently.
What documents should I provide?
Documents may include:
- Birth certificates.
- Identification documents.
- Tribal enrollment documentation.
- Social Security cards.
- Custody orders.
- Child support orders.
- Parentage acknowledgments or orders.
- Other relevant court or financial documents.
What if I do not have every requested document?
Contact the program if a document is unavailable. Missing documents may delay review, but staff can explain whether other information may be accepted.
Can I sign an application electronically?
No. Electronic signatures are not currently accepted. The application must contain the applicant’s handwritten signature.
Who does LNCSP represent?
LNCSP represents the interests of the Lummi Nation. It does not represent either parent, although the program’s interests may sometimes align with a parent’s interests.
Do I need an attorney?
You are not required to have an attorney in every matter, but an attorney can represent your individual interests. LNCSP staff can explain program procedures and general legal concepts but cannot provide legal advice.
Parentage
Important: LNCSP cannot use genetic testing to dispute or disestablish parentage that has already been legally established.
What is parentage?
Parentage is the legal recognition of the parental relationship between a parent and a child.
Why is it important to establish parentage?
Establishing parentage can help ensure that both parents support their child. It may also help a child understand family medical history, establish citizenship or tribal identity, and receive legal rights or benefits connected to a parent.
How can unmarried parents establish parentage?
Parentage may be established through a valid acknowledgment of parentage or through a court order. The court may consider genetic testing and other reliable evidence when parentage has not already been legally established.
Who may petition the court to establish parentage?
Under Lummi law, a mother, child, child’s legal guardian, alleged father, or designated agency of the Lummi Nation may request that the court establish parentage.
Can LNCSP order DNA testing if a parent is listed on the birth certificate?
Not automatically. A birth certificate may reflect that parentage has already been legally established. Staff must review the birth record, any acknowledgment of parentage, court orders, and other relevant documents before determining whether testing is available.
Can I request DNA testing after parentage has already been legally established?
LNCSP does not provide genetic testing for the purpose of disputing or disestablishing parentage that has already been legally established. A person seeking to challenge an existing legal determination may need to pursue a separate legal process.
What can happen if I do not appear for court or genetic testing?
If a person fails to appear during a parentage proceeding, including a scheduled genetic test, the court may enter a default judgment. A default judgment may establish parentage and may also lead to a child support order.
Can testing be arranged if the alleged parent lives outside Washington?
Yes. LNCSP may arrange testing through a contractor with testing locations in other states. The program may also coordinate with another child support agency when legal assistance is needed in that jurisdiction.
Who pays for genetic testing?
LNCSP generally pays the initial cost of testing. Under Lummi law, a parent may be required to repay testing costs when the test confirms parentage.
What happens after parentage is established?
LNCSP may petition the court to establish a child support order.
Child Support and Existing Orders
What is child support?
Both parents have a legal duty to provide financial support for their children. A court may order regular payments for a child’s living and medical expenses.
How is the amount of child support determined?
Child support is determined using the Lummi Nation Child Support Guidelines. The guidelines consider financial resources and custodial arrangements.
What income may the court consider?
The guidelines may consider income from many sources, including salaries, wages, fishing income, stipends, tips, commissions, bonuses, dividends, severance pay, pensions, per capita payments, interest, trust income, annuities, capital gains, self-employment earnings, unemployment benefits, disability or workers’ compensation, gifts, gaming winnings, prizes, and spousal maintenance.
Can the court order an amount different from the guidelines?
The court may deviate from the guidelines when the legal requirements for a deviation are met and the court makes the required findings. Most cases use the guideline amount.
What if a parent has no income?
When reliable income information is unavailable, the guidelines may allow income to be imputed based on circumstances recognized by Lummi law.
Will a new spouse’s income be used to calculate support?
A parent’s support obligation is separate. A new spouse’s wages or assets are not used to establish or modify that parent’s child support obligation.
How are child support orders enforced?
Depending on the case and controlling order, enforcement tools may include income withholding, contempt proceedings, license suspension, publication authorized by the court, seizure of nonexempt property, or coordination with another child support agency.
Can support be collected when a parent lives outside Washington?
Yes. LNCSP may work with other states, tribes, and in some cases other countries to establish or enforce a support order.
How long does child support continue?
Child support generally continues until the child reaches the age specified by Lummi law or the controlling child support order. Support may continue for high school or postsecondary education when ordered by the court. Past-due support may remain enforceable after current support ends.
Does child support automatically change when income or custody changes?
No. A child support order changes only after the court enters a new order. Contact your assigned case manager to request a review when there has been a substantial change in circumstances.
Can LNCSP help change custody or visitation?
No. LNCSP handles parentage and child support matters. Custody and visitation issues must be addressed separately through the appropriate court process.
Payments and Income Withholding
Where do I mail a child support payment?
Checks should be made payable to LIBC and mailed to:
Lummi Nation Child Support Registry
PO Box 734
Ferndale, WA 98248
Can I make a payment in person?
Yes. Cash and check payments are accepted during normal business hours at 2665 Kwina Road, Bellingham, Washington. No after-hours payment drop-off is available.
When can I expect a child support payment?
Processing and delivery times depend on when the registry receives funds, business days, holidays, and postal delivery. Contact the program for current payment-disbursement information.
Why might I receive less than the full monthly amount in one payment?
Many payments are collected through income withholding. Employer pay schedules may divide the monthly amount across weekly or biweekly paychecks. A parent may also have insufficient earnings for the full ordered amount to be withheld at once. Any unpaid amount may become past-due support.
What should I do if too much is being withheld from my paycheck?
Contact your assigned case manager promptly so the withholding and controlling order can be reviewed.
Does paying the other parent directly count as child support?
Direct payments to the custodial parent or child may be treated as gifts rather than registry child support payments. Payments should be made through the Child Support Registry unless the controlling order provides otherwise.
TANF and Safety Concerns
What if pursuing support may place me or my child in danger?
A caretaker may be able to claim good cause when establishing or enforcing an order may cause physical or emotional harm. Supporting information may be required from a court, medical provider, child protection agency, social services agency, or another credible authority. Contact LNCSP to discuss safety concerns privately.
Will I receive child support while receiving TANF?
Collected support may be forwarded to the appropriate TANF agency to reimburse assistance paid to the family. Contact LNCSP or TANF for current case-specific distribution information.
What happens to support after TANF assistance ends?
Current support may be paid to the family after TANF ends. Distribution of past-due support depends on when the debt accrued and which agency or person is legally entitled to receive it.
Orders From Other Jurisdictions
Can Lummi Nation enforce a state child support order?
Lummi Nation may enforce qualifying state child support orders under applicable federal and tribal law, including the Full Faith and Credit for Child Support Orders Act.
What is full faith and credit for child support orders?
Federal law generally requires state and tribal courts to recognize and enforce qualifying child support orders issued by another jurisdiction.
Can Lummi Tribal Court modify an order issued by another jurisdiction?
In some circumstances, yes. Modification depends on jurisdictional requirements and the facts of the case.
Does enforcement make the case a Lummi case?
Not necessarily. Recognizing or enforcing another jurisdiction’s order does not automatically transfer all jurisdiction to Lummi Tribal Court.