Legal Question in Native American Law in South Dakota
Garnishment of monthly money from government
Can a garnishment for child support be place on the money that the Native American receives from the government each month? And if so, where would the garnishment papers be sent?
1 Answer from Attorneys
Garnishment in Indian Country
If the Tribe administors federal or other monies that are distributed, for example, housing allowance or per capita, the Tribe is not subject to state garnishment statutes. Some Tribes, however, have determined to voluntarily comply with state garnishment statutes and other Tribes have adopted their own laws regarding the enforcement and collection of judgments. If the monies are paid direct by the federal government please identify the program and let me know. Some federal entitlements are subject to garnishment via both federal and tribal law but I need additional information to assist you.
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