Legal Question in Family Law in California
native americans and child support
missouri said that they cannot get support from my sons father who lives in california and is indian. unless he moves off of the reservation. i am not indian so i dont know their laws. but it doesnt seem right that he doesnt have to support his child because he is indian, is somebody wrong here? its been 9 years, he has never seen his son can i have his rights taken away?
1 Answer from Attorneys
Re: native americans and child support
CA will enforce the support order, including upon the reservation. It gets tricky in determining how he is paid. If he works for the tribe (casino, whatever) the wage assignment should be honored. If he just receives a stipend, it still works, but is a bit harder. In CA, they would even treat his free housing as "income".
Cutting of his parental rights is definately problematic. You run into federal laws protecting Native American children from adoption, etc., without consent of the tribe.
It is also possible, but less attractive, to take the matter to the tribal court if they have one.
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