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-   -   Divorce and tribal law (http://forums.powwows.com/showthread.php?t=41665)

billyjoejimbob 11-21-2007 12:03 PM

Divorce and tribal law
 
SCENARIO

Tribe member (enrolled or not, but not living on the rez) gets a divorce from his wife after 15 years of marriage and leaves the wife and 5 kids.

Tribe member has a great job and makes a few hundred thousand but somehow only pays minimal child support and no alimony becuase he claims he has school loans to pay off.

Wife has a part time job at a store just to make spending cash to help support the five kids.

Does she have any recourse going thru the tribe?

Creewoman05 11-21-2007 12:09 PM

Quote:

Originally Posted by billyjoejimbob (Post 990767)
SCENARIO

Tribe member (enrolled or not, but not living on the rez) gets a divorce from his wife after 15 years of marriage and leaves the wife and 5 kids.

Tribe member has a great job and makes a few hundred thousand but somehow only pays minimal child support and no alimony becuase he claims he has school loans to pay off.

Wife has a part time job at a store just to make spending cash to help support the five kids.

Does she have any recourse going thru the tribe?

Call a lawyer!

Zeke 11-21-2007 12:39 PM

Quote:

Originally Posted by billyjoejimbob (Post 990767)
SCENARIO

Tribe member (enrolled or not, but not living on the rez) gets a divorce from his wife after 15 years of marriage and leaves the wife and 5 kids.

Tribe member has a great job and makes a few hundred thousand but somehow only pays minimal child support and no alimony becuase he claims he has school loans to pay off.

Wife has a part time job at a store just to make spending cash to help support the five kids.

Does she have any recourse going thru the tribe?

Likely, it's going to go back to the divorce settlement: in whatever state that was filed. If it was filed in tribal court (and not in a state), there are about a billion potential "outs," one of them being to move to a location outside of tribal constraints.

If he's not enrolled in the tribe and doesn't live on their reservation, I don't see where tribal court or law has ANY jurisdiction beyond that willingly acquiesced to for the purposes of the immediate divorce decree, if it was done by the tribal court. (If it wasn't, the tribal court can pound sand.)

If he has $$$, he has an attorney. If he has an attorney, what he is doing is well thought out, I would anticipate. Sounds like an uphill battle. Damn.

ac_miss 11-21-2007 12:46 PM

Does the tribe have their own tribal courts? It would depend on the tribe because a lot of tribes have different laws and such.

billyjoejimbob 11-21-2007 12:47 PM

BIG UPHILL.

I dont know if he is enrolled thats why I didn;t say for sure.

I do know that he is dumb as a box of rocks. People who are experts in 1 general area are stupid about EVERYTHING else.

I don't want to give HIM any ideas.

And what is even better is that he doesnt care 1 bit about being NDN or his roots. (I wouldnt either, I know his roots)

Zeke 11-21-2007 12:51 PM

Quote:

Originally Posted by billyjoejimbob (Post 990785)
BIG UPHILL.

I dont know if he is enrolled thats why I didn;t say for sure.

I do know that he is dumb as a box of rocks. People who are experts in 1 general area are stupid about EVERYTHING else.

I don't want to give HIM any ideas.

And what is even better is that he doesnt care 1 bit about being NDN or his roots. (I wouldnt either, I know his roots)

I know 100% nothing about the case in question but, at face value, this guy seems less than honorable...

Blackbear 11-21-2007 03:30 PM

Quote:

Originally Posted by billyjoejimbob (Post 990785)

And what is even better is that he doesnt care 1 bit about being NDN or his roots. (I wouldnt either, I know his roots)

If he does'nt care then what makes you think a tribal court would be able to enforce anything on him, especially if he lives off the rez?

And it does'nt mean that a tribal court would even take on the case, unless he wanted custody of the children.

FluteMaker 11-21-2007 03:57 PM

speaking as a person who has been through divorce court ......its hard to say.
based on what you mentioned it does sound like she got a raw deal but theres too many other questions to consider. such as was there a prenuptual agreement ? who was found to be at fault in the divorce? were the kids a product of the marriage? were they even his kids? whats her education level? is she capable of earning a decent living?
any other information available?

Skillet 11-21-2007 07:38 PM

she would have recourse in tribal court only if the original divoce was heard in tribal...if it wasnt then her only recourse would be to go thru the original court...its kind of like saying if some one owes you money in new york can you collect it in spain....
the only way she would have action in tribal would be possibly if he wasnt paying and got a salary from the tribe or per cap and his money was being with heldheld for back child support....

Coyot_In_The_House 11-23-2007 11:32 AM

Hey Billy......
 
You should go Ga boo boo bi eh.....on him.....


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