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California Native American Tribes Do Not Have to Help Collect Child Support

One of the most common orders that stems from a California divorce is one that requires a non-custodial parent to pay child support for children of the marriage.  While there are strict laws in place that deal with the collection of these child support payments as well as the penalties that can be faced by parents who do not remain current on these payments, statistics indicate that almost $1 billion in child support payments are not made on an annual basis in the state.

There are many reasons for these delinquencies, and one of them involves a complicated issue of sovereignty with regards to the Native American tribes of California.  Specifically, there is no formal legal requirement for the tribes to follow court orders involving child support.  Therefore, many of the tribes do not garnish wages or deduct support payments from other forms of tribal income.  The issue has become more serious since gaming has allowed tribes to generate much more revenue than in the past.

Unfortunately, the state cannot even begin to estimate how much child support is not paid by Native American non-custodial parents, as there is no documentation that exists between the state and the tribes to this effect.  In addition, sovereignty laws basically state that tribes can impose their own laws on Native American lands.  As a result, many parents are not being paid the support that was ordered and there appears to be little in the way of recourse.

San Diego Divorce Lawyers

Eventually, parents who fail to pay child support will face serious consequences for failing to do so.  The penalties that could be levied against those who fail to make these payments can include orders for back payments plus interest, penalties and even jail time in certain situations.  The best way to approach child support is to maintain the payments as much as possible and to seek adjustments if those payments become impossible to make.

If you are involved in any type of child support issue, you need to act immediately to make sure that it is resolved.  Seek the help of San Diego divorce lawyers who have been fighting for the rights of fathers and husbands for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.