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American Indians shielded from child support orders in CA?

On Behalf of Cullen Family Law Group | Aug 27, 2011 | Child Support |

Many American Indian tribes operate under a form of independent government. This sovereignty seems to be creating difficulties for some mothers who are seeking child support. A recent news report highlights some of the issues California mothers are facing when attempting to obtain court-ordered child support from American Indian fathers.

The California Department of Child Support Services does not keep a record of businesses that do not enforce child support orders. This is true for both standard businesses and those operating under a tribal government. According to the chief judge of the Hoopa Valley Tribe, most businesses governed by tribal leadership do not have formal child support enforcement programs in place. In short, many American Indian mothers believe that tribal governments and tribal businesses are shielding fathers from the enforcement of court-ordered child support.

One California mother told reporters she’s not having much luck getting a support payment from her ex-husband. Her ex-husband is a member of the Viejas Band of the Kumeyaay Indians. He earns around $13,250 a month as a member of his tribe, which operates a large casino near San Diego.

Members of the tribe receive a portion of the profits from the casino. That said, the father’s court ordered child support payment is $4,659 a month, but she has yet to receive a consistent payment. Instead, a series of legal actions have been required in order to obtain her child support arrears.

Given the disparity between tribal and local governments, parents who are seeking child support under these types of circumstances may benefit from the enlistment of legal counsel. As it stands, a lack of adherence to court ordered payments as a result of the lack of enforcement by tribal governments, may require the application of substantial legal pressure to reach a resolution. Legal counsel knowledgeable in family law may help these parents to finally get what they’re owed.

Source: SFGate, “Child support struggle by moms among Calif. tribes,” Kelley Weiss, Aug. 8, 2011

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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