Birth mother, non-tribal can’t get child support

May 8, 2006

My ex-husband…is a member of the … Band of Mission Indians… He receives a large per-capita check each month. We have two daughters together, both born while we were married. We divorced in 1990 because of his alcohol and drug addictions. The judgement was for …$500.00 per month child support, provide medical and dental insurance, and to pay for one half of child care expenses. [He] refused to honor the judgement, and had limited contact with our two daughters, often ending in violence.

UPDATE May 10, 2006

Wow…The prayers are helping and I am receiving e-mail from people that I’m certain will be of assistance. Just to let you know, my ex-husband receives between $30,000.00 to $40,000.00 monthly per-capita payments. I’m sure most people are unaware of the income that the Tribal members receive. The … Tribe displays a generous and giving spirit yet they ignore their own Children. Keep Praying,

UPDATE May 21, 2006

I realize this is short notice but I’m hoping you will be able to lend a hand, or at least say some prayers to guide me in the right direction. On Tuesday 5/23 … I have a state hearing on a complaint I made against the local child support agency, and the disparity in the handling of my case. We had an active case for 41/2 years in which they were able to contact my ex-husband, and get him to pay $2500.00 on an arrears of aproximately $120,000.00. They have refused to reopen my case and made minimal effort to collect from him. They were given contacts to consult with but never made an effort to do so. They never changed the amount on the support order(not that it would have made a difference in collecting) and I feel didn’t do the job that I had expected. I know I am in need of legal help with this hearing. I think the County is going to squash me. Do you have any input? Advise? Words of wisdom? Prayers or Success stories you can share?

…I just finished composing a letter… They have a bottling plant on the … Reservation and my ex received $11,448.00 in June or July 2004. I’m sure he has received more since then. I let them know that they are condoning the practice of non payment of child support. Maybe you and your ‘friends’ would like to add a little something to their website. They do have a comment site you can write to, so I sent them some information I’m certain they are not aware of.

UPDATE June 19, 2006

I’m still concentrating on my issue and trying to get high official involvement. I lost the case with the state and local child support agency.(I had filed a complaint when they wouldn’t reopen a case for me when I provided new information)  But I did receive a letter from Washington DC. The Bounty Hunter that has been searching for him was not successful in finding him, so he will try again.   I have gained a lot of information through the internet. It appears that the Tribe is not following the law when they ignore the levy on wages they have received. (all 3) I’m not sure what my next step will be. I have looked into the dead beat dad law. I would like to receive your newsletter. Maybe there is something that is being overlooked. Thanks for your support,

UPDATE August 29, 2007

Dear Governor Scwarzenegger,
I am respectfully requesting your immediate attention to a situation that is the factor in preventing custodial parents from collecting any amount of court ordered child support payments from a specific group of non custodial parents residing in California. This conflict is a direct result of the protective shield you have provided to enrolled Tribal members in our state.
We are all aware of the mistreatment and injustices that the Indigenous People of our Nation were forced to endure. All due to the orders of our ignorant and greedy forefathers for land, and the abundant resources that were so availabe at the time, the Indians paid with their homes, their honor and their lives. That is unforgivable. But, now the injustices from the past is being served upon a new generation, the children of Federally recognized Native American Tribal Members in California. The Governmental protection ensures that these DEAD BEAT DADS are not legally bound by any local, county, or state orders for the emotional or financial well being of their own children. Due to the Sovereign status of the Tribe, they are under no obligation to honor any wage garnishment, nor recognition of any State or Local enforcements or requests.
I have been proactive in attempting to collect child support from my ex-husband (an enrolled tribal member) for the past 16 years. I have utilized all of the legal resources that are available, and have spent endless hours researching my options. The California Child Support Services has no jurisdiction to collect an obligation of child support from a Tribal member. Attorneys are unable to enforce an order for child support from a Tribal member. In California, if you are a member of a Federally recognized Indian Tribe, and have the ability to pay support, you are not required to meet the financial obligation of child support, and are awarded protection by the government. How do you explain the conflict this has created for so many single parents?  Sources at the State level for child support, concluded that they have never been successful in collecting orders for support from a Tribal member whose only source of income is a monthly payment from Tribal resources. (often in excess of $50,000.00)
How is this justified? Why do we have a court system that doesn’t merit any results? What would happen if a Superior court Judge knew that his ‘orders’ will fall on deaf ears? How much longer will the maltreatment of our future generations be subject to a ‘conflict in interest,’ between Tribe and Government? Are you willing to provide the changes necessary in our State so our Children can have a ” bright future” and “ensure that every child has the financial and emotional support to which he or she is legally entitled”? I am not looking for sympathy, I am asking for justice.

UPDATE April 5, 2007

I recently submitted a question reguarding ‘legal’  moves utilized by a Southern California bank employee …, and the ability to hide assets of my ex-husband,…. (and) an enrolled tribal member that failed to pay court ordered child support, and is a customer….. His arrears now total over one half of a million.dollars. United States Currency.       The question I submitted deserved a YES/NO answer. My experience with the DCSS has been this, “direct questions are diverted elsewhere” WHY? Is this perhaps an issue that the federal government department of support services should be informed of? (another YES/NO question deserving an answer) Do we have such a  department, won’t they be following up, once informed by your dept. in the motived of the ….Bank of Californias’ procedures?       Please provide answers to all four of my inquiries. Thank you very much