FAQ
Custody & Placement
Important information regarding Custody and Placement
What do these terms mean?
Legal Representation
It is important for parents to understand that the child support attorney who appears at their support court hearings is there to represent the interests of the Red Cliff Band of Lake Superior Chippewas and does not represent either parent.The child support attorney will handle legal issues connected with obtaining and enforcing a child support order. There is no attorney-client relationship. Parents may hire a private attorney or tribal advocate if they wish. Parents applying for services should inform their child support agency if they hire a private attorney.
What do these terms mean?
- Custody - The legal right to take care of and make major decisions concerning a child
- Sole Custody - One parent has custody
- Joint Custody - Both parents have custody
- Placement - Period of time a child spends in the care of a parent
- Primary Placement - Where the child lives most of the time
- Shared-Placement - The child lives with each parent at least 25% of the time.
- Split-Placement - A family with two or more children, in which, one parent has primary placement of one or more children, and the other parent has primary placement of the other child(ren)
Legal Representation
It is important for parents to understand that the child support attorney who appears at their support court hearings is there to represent the interests of the Red Cliff Band of Lake Superior Chippewas and does not represent either parent.The child support attorney will handle legal issues connected with obtaining and enforcing a child support order. There is no attorney-client relationship. Parents may hire a private attorney or tribal advocate if they wish. Parents applying for services should inform their child support agency if they hire a private attorney.
Frequently Asked Questions regarding Case Transfers
Will my order change when it transfers?
A: No. Your order will come over as is from the previous court and will remain in effect until review. If your case comes over at a time when a review should be done, your Case Manager will take necessary steps to ensure a proper review of your case is completed. As with a county, a party can choose to request a review of your case at any time. The Case Manager will take in all considerations when a review is started.
Will I start receiving Non-Cash Support in lieu of cash support when my case is transferred to the tribe?
A: No. A common misconception is when your case transfers that you will start receiving fire wood, fish, or other goods and services in lieu of cash support. If you are or should be expecting to receive cash child support based on your order that transfers from another county, then that order is what our program will enforce. Non-Cash Support is a unique option to tribal child support cases. This option can only be used for Current Child Support. Non-Cash Support can only be used if it is agreed upon by both parties; there hast to be a dollar amount assigned; and the order must be signed by the Tribal Court Judge.
The other party or myself have family members or close friends that either work at the Red Cliff Child Support Services Agency. Is this a conflict of interest?
A: No. Like most State and County Child Support Agencies, staff may have family members within office case loads. Staff members are prohibited from working child support cases where they may have personal interest. Personal interest may include, but not limited to, cases involving family members or close friends. It is upon the Case Manager’s and Child Support Director’s discretion if a case is assigned appropriately. To address the concerns of family members or close friends within the agency please refer to the next question.
Is my case confidential?
A: Yes. Our staff is bound not only by Red Cliff Tribal Personnel Policy regulations, and the Red Cliff Child Support Services Agency Program Policy, but also by Wisconsin State and Federal Guidelines. Our office is secure and closely monitored by the Federal Office of Child Support Enforcement. Child Support disclosures to case participants or to other individuals for any purpose related to the administration of the program are permitted under Wis. Statute §49.83, unless such disclosure is specifically prohibited by State or Federal law, or privacy protection restrictions. For example, information disclosed while conducting a child support investigation, locating a parent, establishing paternity, communication with employers, or requesting information from other persons under Wis. Statute §49.22 (2m)(a), as necessary for child support purposes, would constitute authorized disclosures. Disclosures to participants, as necessary to explain distribution of child support funds or the legal basis for assignment of support, may be appropriate as long as the disclosure is limited to providing the information necessary for child support program administration and such disclosure is not otherwise prohibited by privacy protection, or other State or Federal Laws. Designated agencies that may require communication in order to run effective programming based on their rules, laws and regulations are: Title IV-A (TANF), Title IV-E (Foster Care, Kinship Care), Title IV-B (Child Protective Services, Title XIX (Medicaid), Title XXI (SCHIP/Certain Badger Care), and the Supplemental Nutrition Assistance Program, formerly Food Stamps (SNAP).
My case has been with the County for so long, why is it transferring now?
A: First and foremost, it is an exercise and affirmation of the Tribe’s Sovereignty to work its own child support cases involving Red Cliff Tribal Members.
Even though Wisconsin has concurrent adjudicatory jurisdiction under Public Law 280, there are still many reasons why a Tribe would want to handle its members and residents child support cases. First, it will be more practical and convenient for reservation residents to be able to access a Tribal Child Support Office. Second, child support deals with families. Tribal families are often culturally unique. A Tribal Child Support Agency will have a better understanding of cultural issues that may be associated with paternity and child support. Finally, for purposes of enforcement, Tribal Child Support Agencies are more familiar with Tribal Law and have the ability to be more successful enforcing wage assignments and contempt orders as needed.
Even though Wisconsin has concurrent adjudicatory jurisdiction under Public Law 280, there are still many reasons why a Tribe would want to handle its members and residents child support cases. First, it will be more practical and convenient for reservation residents to be able to access a Tribal Child Support Office. Second, child support deals with families. Tribal families are often culturally unique. A Tribal Child Support Agency will have a better understanding of cultural issues that may be associated with paternity and child support. Finally, for purposes of enforcement, Tribal Child Support Agencies are more familiar with Tribal Law and have the ability to be more successful enforcing wage assignments and contempt orders as needed.
Will I receive payments on my Wisconsin State Child Support Debit Card?
A: Yes. The Red Cliff Child Support Services Agency utilizes the State of Wisconsin’s KIDS system State Disbursement Unit (SDU) so there will not be any change in the collections or disbursement of your current child support payments. You can continue to use your debit card issued by the State of Wisconsin.
Physical location of RCCSSA:
Makwa House 37270 Community Road • Red Cliff |
RCCSSA mailing address:
Red Cliff Child Support Services Agency 88455 Pike Road, Bayfield, WI 54814 |
Tele: (715)779-3769
Fax: (715)779-3771 www.redcliffchildsupport.com |
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