Legal Question in Family Law in California
Tribal Per Capital payments and spousal support
My family is American Indian and we receive monthly Per Capita payments due to income from an Indian casino in California. If the tribal member dies, the money stops, non-tribal member spouses do not continue to receive this money. The money is in the tribal members name only and all benefits (health insurance etc.) is for tribal members only, spouse and non-tribal member children are not eligible. In the event of a divorce, is this money considered income and used in the calculation for alimony and or child support? If so, do you recommend a prenuputial agreement?
1 Answer from Attorneys
Reply: Tribal Per Capital payments and spousal support
It can be considdered income for purposes of calculating support.
I am a proponent of pre-nuptial agreements. I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues including support issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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