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Ex Married to Native Indian on a Reservation

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  • 07-03-2009, 03:54 PM
    bronchospaz
    Ex Married to Native Indian on a Reservation
    Here is my situation in California. My ex husband is married to a native indian and they live on a reservation. They seem to have a cushy lifestyle...Escalades (second one), motorhome, multiple houses, traveling, etc. I'm not sure what the income is but it has to be way above mine. My ex, does not work (by choice). He says that "she" has enough handyman stuff to keep him busy. They pay $150 mo, for child support that was set back when he was not financially stable and not married to her. They provide med, dental and vision. They paid the co pay for orthodontics. They also provide some extra cash (about $600 a year) for school clothes. Our daughter is also active in 4H/FFA with horses (expensive hobby). When we ask for extra money to help with activities and hobbies they aren't very helpful.

    What options do I have to get more child support? I do know that in Ca. they can't take the spouses income into account when deciding a $ amount, and is probably more complicated since she is an indian and they live on a reservation. HELP! I NEED OPTIONS AND IDEAS!
  • 07-03-2009, 04:19 PM
    Baystategirl
    Re: Ex Married to Native Indian on a Reservation
    Quote:

    Quoting bronchospaz
    View Post
    Here is my situation in California. My ex husband is married to a native indian and they live on a reservation. They seem to have a cushy lifestyle...Escalades (second one), motorhome, multiple houses, traveling, etc. I'm not sure what the income is but it has to be way above mine. My ex, does not work (by choice). He says that "she" has enough handyman stuff to keep him busy. They pay $150 mo, for child support that was set back when he was not financially stable and not married to her. They provide med, dental and vision. They paid the co pay for orthodontics. They also provide some extra cash (about $600 a year) for school clothes. Our daughter is also active in 4H/FFA with horses (expensive hobby). When we ask for extra money to help with activities and hobbies they aren't very helpful.

    What options do I have to get more child support? I do know that in Ca. they can't take the spouses income into account when deciding a $ amount, and is probably more complicated since she is an indian and they live on a reservation. HELP! I NEED OPTIONS AND IDEAS!


    Are you asking for a way to impute the wife's income into your ex's child support? If so...Why do yo think it is a NON-PARENT'S responsibility to support your child?

    If your ex's is paying according to the order then what is it you want???:confused:


    http://www.expertlaw.com/forums/showthread.php?t=65592


    http://www.expertlaw.com/forums/sear...archid=2143299
  • 07-03-2009, 05:25 PM
    bronchospaz
    Re: Ex Married to Native Indian on a Reservation
    I want more help financially. They are living "high on the hog" and I am living from paycheck to paycheck. She gets $$ for being an indian not for working and he chooses not to work, pays $150 a month to help raise a teen and as far as I know, I have no choice but to work full time and provide 80% (estimate) of financial support. Doesn't seem fair.
  • 07-03-2009, 06:08 PM
    Baystategirl
    Re: Ex Married to Native Indian on a Reservation
    Quote:

    Quoting bronchospaz
    View Post
    I want more help financially. They are living "high on the hog" and I am living from paycheck to paycheck. She gets $$ for being an indian not for working and he chooses not to work, pays $150 a month to help raise a teen and as far as I know, I have no choice but to work full time and provide 80% (estimate) of financial support. Doesn't seem fair.

    "They" don't matter. The only people that matter in a child custody/support cast are the parents. She is NOT responsible to support children that are NOT HERS. Period.

    If you were to marry a man that has children your income would not matter to HIS support case.
  • 07-03-2009, 07:10 PM
    bronchospaz
    Re: Ex Married to Native Indian on a Reservation
    I was married to a man that had other kids, the same man, and no my income was not included, but he WORKED. I'm aware of this and I don't expect her to to be financially reasponsible for our daughter. I want him to put in his fair share to raise this daughter. If she were living with him she would have all the luxuries they do. She doesn't...so all I get to work with is $150 a month and I have another child with my husband that, of course, I am HALF reasponsible for. I'm tired of working my butt off, while another Dad, who doesn't want to pay, gets away with it.
  • 07-03-2009, 08:16 PM
    CourtClerk
    Re: Ex Married to Native Indian on a Reservation
    Then go let the child go live with her father. Easy peasy.
  • 07-03-2009, 08:43 PM
    bronchospaz
    Re: Ex Married to Native Indian on a Reservation
    He has issues with depression. He has threatened suicide multiple occasions, not because I left him. I was trying to get through school to get a higher education and a better life for us, but he thought I should be home with him. My attendance in my classes was extremly important. Their whole family is very overweight and my daughter has weight issues anyway. Living with them is not in her best interest. Anyway, she doesn't want too .

    I don't see how this is answering my question. I came here for legal advice not a psycological evaluation.

    "What options do I have to get more child support? I do know that in Ca. they can't take the spouses income into account when deciding a $ amount, and is probably more complicated since she is an indian and they live on a reservation. HELP! I NEED OPTIONS AND IDEAS!"
  • 07-03-2009, 08:45 PM
    CourtClerk
    Re: Ex Married to Native Indian on a Reservation
    And so, if you KNOW the spouse is not legally obligated to support YOUR kid and HE isn't working, then what do you want anyone to do? Pull a rabbit out of the magic hat? There ARE no options. If you want/need more money, then you'll just have to make more if you don't want to send her to live where she can ride in a couple of escalades. Having issues with depression doesn't disqualify you from raising a child.
  • 07-04-2009, 11:51 AM
    525601minutes
    Re: Ex Married to Native Indian on a Reservation
    Quote:

    Quoting bronchospaz
    View Post
    They pay $150 mo, for child support that was set back when he was not financially stable and not married to her.
    What options do I have to get more child support?

    How long ago was it that he was ordered to pay $150 per month?
    What do you mean he was 'not financially stable'?

    The CA system wants both parents to support their child. If there has been a change in circumstances that would show the Court that the father is capable of earning more now than he was at the time of the last court order then his income can be imputed by the judge.

    Please don't say anything else about his new wife or her native American heritiage. Let's just focus on the dad and what skills and/or education he has that might demonstrate his potential income.

    You should read this
    http://www.leginfo.ca.gov/cgi-bin/ca...body=&hits=All
    and focus on Division Nine parts 1 and 2.

    If you still think that the father is capable of earning an income higher than the amount that was originally used to calculate the current support order - and your payments are handled without government intervention - you can go to the Family Law Facilitator's office and they will assist you in the filling out the forms to request CS modification free of charge.

    If your CS account is already being handled by the state you can go to http://www.childsup.cahwnet.gov/Reso...2/Default.aspx and read their procedures for modification.
  • 07-06-2009, 02:24 PM
    bronchospaz
    Re: Ex Married to Native Indian on a Reservation
    It was about 10 years ago. That it was ordered. He was making minimum wage as a bicycle mech. The DA was on him and trying to take away his CDL. I agreed to it because it was better than nothing which was what I would have gotten if they suspended his driving.

    525601minutes Thank you so much for your reply!
  • 07-06-2009, 02:58 PM
    525601minutes
    Re: Ex Married to Native Indian on a Reservation
    You're welcome :)

    In 1999 the CA minimum wage was $5.75 - now it is $8.00

    You can go to https://www.cse.ca.gov/ChildSupport/...lineCalculator
    and calculate how much CS should be with the old amount and with the current amount and see if it is worth the effort to file for a modification.
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