Tuesday, September 28, 2010

Mother Wins Small Victory Against Viejas Tribal Member for Child Support

Earlier this month we wrote about a mother who is trying to get her child support court orders enforced "CA Tribes NOT Enforcing..."    There has been a change, with a bit of a victory for Christina Brown.

Christina Brown, who is fighting to collect child support from her children's father, a member of the wealthy Viejas tribe, won a small victory in court recently.

Brown's soon-to-be ex-husband was ordered by a judge to pay her more than $4,000 in late child support payments, according to a Riverside County court transcript. He also was ordered to serve 20 days in jail for failure to comply with several court orders to pay child support and other obligations.

Her story illustrates a larger problem, Brown and others say.

The state does not have the authority to garnishee money from tribal members who receive payments from casino revenue because of the tribes' status as sovereign nations. Courts can sentence tribal members to jail for failing to pay, but they can't touch the money they receive from their casinos.

"I know I am doing the right thing for my kids," Brown said. "I'm just going to keep on trucking."

Attempts to reach Brown's husband through his attorney were unsuccessful.

The stress of the divorce for the 38-year-old mother of five children has taken its toll. Brown wears a bandanna to cover her balding head, which she said her doctors attribute to her constant worrying about her troubles.

When she filed for divorce in 2007, she lost the lavish lifestyle she led with her family, which included a large home, cars and family vacations in the family's 34-foot motor home.

OP:  While divorce is sadly a too common occurrance, I'm not concerned with the spouse as I am with the children.   They should be taken care of by their fathers, too and any father should be paying for their children.   In this case, the father has the ability to pay.    Let's see how he likes jail.

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stand your ground said...

It would be so easy for this guy to pay child support, to feed his kids give them a roof over their heads, supporting his children is the right thing to do, but this piece of Crap has no decency.
I hope that this judge will make good on his promise, 20 days in jail, after that another 20 days and so on 'till he gets the message.

O Pechanga said...

Yes, jail time for this dead beat. It's not like it will hurt his income, he'll still get his per capita in jail. Basquez crime family knows this.

Anonymous said...

20 with 1/2 time is a whole 10 days. He still won't pay the support - I bet he spent more on the attorney than the owed support. With five kids I would think he would owe much more than $4,000.

stand your ground said...

10 days in jail is better than nothing, next time he does'nt pay, another 10 days, or maybe 20 days. It all adds up. If he wises up he'll pay, if he is arrogant jerk he gets jail over and over.

jrpoker said...

Don't count on them actually enforcing the jail time. Calif jails are too full. My sons father who is a Morongo Indian was charged with contempt and threatened with straight jail time a year ago. He still is not paying. He has been pulled over in Calif. and let go, warrant and suspended license and all. He was in jail in Arizona recently and I let Child Support Services of Riverside know exactly where. Did they extradite? NO. He has already waived extradition in the contempt case, But I was told they don't jail child support evaders, no room.
I just don't want you to get your hopes up on this. I did and it was a big let down when I found CSS was just blowing smoke and would not enforce their threat. It is in the case minutes that he would do jail time. But they won't enforce it...
I believe our only chance of collecting support is for the DA to enforce The Child Support Recovery Act of 1992. I am not a lawyer but I think this would make our cases FEDERAL and the tribes would have to comply. But unfortunately no one at CSS has even heard of it. Then I was told they could not enforce it until they have exhausted all efforts. They have had the case almost 3 years. Still waiting.
Or maybe we should start a class action suit against the State of Calif? Maybe we can get Gloria Allred to represent us?

I'd love to talk to this Mom and compare notes.

Anonymous said...

I'm sorry, no sympathy for the mothers, sure dad should pay child support, but in the mean time get a job and support yourself. My ex was a tribal member of a prominent California tribe, but I never went after him for support, I can take care of myself, my kids are better off, they didnt grow up with the "lavish lifestyle" and they appreciate everything they now have. I worked to take care of my kids, and honestly, I am glad they didn't have things handed to them on a silver platter. Sorry if you don't like my perspective.

Neshia ~Pomo Nation~ said...

I say right on and how did you do it Please let me know!!! I am a tribal member myself of a non gaming tribe who has 2 children from a gaming tribal member. I never asked him for anything but be a father to his kids. Being that he was the one that wanted to have them in the first place. Yes I love my children but would have waited if I knew I was going to be the only one supporting them. Knowing what really goes on with the money that is given so easily. I myself am a tribal member from a California tribe that feels a mother of a tribal members kids has the right to whatever she can get!! Get it before they gamble it, Drink it, or blow it on some other female! Only if people knew what you and your kids had to deal with when it came to that man and his selfish ways. And to the dead beat Fathers Be There Or Pay up!! What's that saying? " Anyone can be a Father but it takes someone Strong to be a Daddy!" so I changed a word or 2. But it's the truth only a Strong man can be a Daddy!!!!
Neshia LaRose