Courts Can’t Force Native Americans to Pay Child Support
After a divorce or a break-up, many people are left seeking child support payments from their children’s other parent. Those that pay child support are obligated by law to do so, but when the person who owes child support is from a Native American tribe, they may not have to pay.
Native American tribes are found across the United States, including New Jersey. Since tribes are considered separate sovereign nations, they do not have to follow court orders, including those involving child support. Because of this, there is a risk that Native American parents may avoid paying their child support obligations, leaving their former partner and their children with less income. In some cases, this can force a single parent to rely on welfare in order to make ends meet. Taxpayers support welfare funds and, in turn, are making up for the bad habits of parents that are unwilling to pay child support.
In some cases, Native Americans receive a percentage of Native American casino profit. Some individuals receive more than $10,000 per month and still avoid paying child support. This leaves U.S. courts in an awkward position, but luckily some tribes are initiating conversations on the topic.
According to a tribal court judge, Native American values demand that individuals take considerable care of their children and their elders. By avoiding child support payments, some Native Americans have abandoned such cultural values. In an effort to provide for Native American children, 50 tribes have implemented child support enforcement programs with the aid of federal funding. By investing in these programs, the U.S. government hopes to see more child support payments received by Native American children.
Source: NPR, “Tribal Rights Hinder Child Support For Mothers,” Kelley Weiss, Aug. 13, 2011