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St. Regis Mohawks work toward child support unit

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Friday, 29 January 2010

St. Regis Mohawks work toward child support unit By LORI SHULL TIMES STAFF WRITER FRIDAY, JANUARY 29, 2010 HOGANSBURG — The St. Regis Mohawk tribe still is working to set up its own child support unit. The system will be a part of its family court, and will allow parents to settle child support claims in Hogansburg for the first time. It has been in development since last spring. "This would be more convenient for our residents," said Peter J. Herne, the tribe's chief judge. "Rather than going to Canton or Malone, they could come right here to us." The tribe has finished most of its research about how the system would be set up, by looking at similar ones other tribes have developed over the years. There are draft laws in circulation within the tribal government and progress is being made on the federal application required to create the unit. Officials said there is a need for such a service because tribal membership has grown rapidly over the years and thousands more people are living on the reservation than even 10 years ago. There were 2,000 to 3,000 reservation residents a decade ago, according to the U.S. Census. Now, that number is approximately 8,000, according to tribal officials. "It's actually a bigger problem than we originally thought it would be," Mr. Herne said. "We have about 300 active cases. That's a good amount for our size." If the tribe is successful in setting up its own child support unit, there will be more room for Mohawk traditions, according to Mr. Herne. "Since 1890, our men are active participants in ironwork and that takes them away," Mr. Herne said. "A child support amount will be set when he's working, but then when the job finishes or winter sets in, a lot of guys go into arrears for the child support owed." It also could allow for in-kind services, rather than financial contributions to a child's upbringing. Other tribes that have set up similar programs, for example, allow a parent to contribute game caught hunting or fishing, rather than cash to buy groceries. Others will allow an unemployed parent to watch the child during the day so the other parent can go to work, rather than having to pay for a baby sitter or day care, Mr. Herne said. Tribal officials said the unit's decisions and rulings will be honored in other jurisdictions, including New York and Vermont, as well as in Canada, which is important since the reservation spans the international border. The unit should receive federal money to operate. There is a three-year grace period when the tribe's contribution will be only 10 percent of the federal funds. It will be eligible for up to $500,000 in startup funds from the government. How soon the system may be set up is still uncertain because the laws still need to be finalized and the application, which is still being written, filed and accepted by the federal Department of Health and Human Services, Mr. Herne said. http://www.watertowndailytimes.com/article/20100129/NEWS05/301299975

 

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