Law

Turtle Talk: Badmouthing Indian Country on child support orders





"There has been much bad-mouthing of Indian country in the last week about the failure of some tribes to comply with child support requirements. Indianz’ first headline today is “Getting child support from Indian men almost ‘impossible.’“

California, more likely than not, is an outlier (assuming these reports are true). Federal law, 28 U.S.C. § 1738B (Child Support Orders Act), requires tribes and states to give full faith and credit to child support orders. But perhaps the problem in California is a lack of tribal courts — relatively few tribes there utilize a tribal judicial system.

Michigan tribes comply. One tribe in Michigan recently reported that it has disbursed over $1.5 million to state courts in accordance with the child support law. Another tribe (the Grand Traverse Band) requires per capita gaming payments to be used to satisfy child support obligations first (18 GTB Code § 1609), a fairly typical provision for gaming tribes with RAOs. My suspicion is that the vast majority of tribes around the country comply — there are perhaps as many as 300 tribes with a functioning court system out there."

Get the Story:
Indian Country Complies with Child Support Requirements — California Possibly Only Exception (Turtle Talk 8/15)

Related Stories:
California Watch: Tribes protecting members from child support (8/5)

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