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Mom wins child support dispute
By EDWARD SIFUENTES esifuentes@nctimes.com North County Times | Posted: Wednesday, October 5, 2011
A Wildomar mother who has been fighting to collect child support from her children's father, a member of the wealthy Viejas Band of Mission Indians in Alpine, has finally succeeded.
Christina Brown, who is not a tribal member, had taken her ex-husband, Sonnie Brown, to court to force him to pay child support and won. But the courts were powerless to collect thousands of dollars in late payments because the state can't garnishee the money that tribal members receive from casino profits.
Brown's ex-husband was not immediately available for comment.
Courts can sentence tribal members to jail for failing to pay, but they can't touch the money due to tribal sovereignty.
Brown's story brought statewide, public attention to the problem last year.
Last month, Brown finally received a $747 check in the mail after the Viejas tribal council reviewed a petition she submitted and agreed to voluntarily garnishee her ex-husband's monthly casino stipends ---- known as "per capita" payments ---- which total about $240,000 a year.
The amount Brown receives in the future is likely to increase to about $4,000 a month, she said. The smaller amount last month was due to a mistake in the paperwork, Brown said.
Brown, 39, said she was thankful for the tribe's decision.
"They made a huge difference in my kids' lives," she said.
Brown, who filed for divorce in 2007, has been living in her mother's house and has used food stamps and welfare checks to survive. She had three children with her ex-husband who range in age from 7 to 17. Now, Brown says, she will be able to buy her children proper clothes, school supplies and food, and even treat them to family outings.
Robert Scheid, a spokesman for Viejas, said the tribal council passed a resolution in June that allows them to honor child-support orders on a case-by-case basis.
"They are committed to doing what is right for the children and retaining tribal sovereignty," Scheid said.
Cheryl Schmit, director of the gambling watchdog group Stand Up for California, has championed the cause of women in similar situations. She has written letters to state and federal officials to bring the problem to their attention.
Schmit said she was happy the tribe was acting responsibly by siding with Brown's children.
"Tribal children deserve a happy, healthy childhood," Schmit said. "Children should never be treated as pawns caught up in the middle of marital disputes or the lack of tribal governments' willingness to address this issue."
Schmit has argued that tribes who negotiate with the state for new gambling agreements should agree to allow the state to collect child support payments from tribal members who ignore court orders.
A few of the 60-plus gambling agreements allow tribes to withhold pay from casino workers who are not tribal members and who owe child support; however, none of them has language agreeing to withhold payments from tribal members.
With her battle to collect child support behind her, Brown said she still has a long way to go to rebuild her life. She said she lost everything in her bitter separation from her former husband, including her home, clothes and other belongings.
Brown said tribes have a right to look after tribal members' interests, but they also should look after the well-being of their children.
"For a person to eat steak, while their children eat Top Ramen, and not think about them, that's what made me angry and that's what made me fight," Brown said.
Contact staff writer Edward Sifuentes at 760-740-3511
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ConnieSwanson said on: October 6, 2011, 8:52 am
I'm truly surprised to learn how tribal members are not forced to abide by court ordered child support, with the tribe not backing said orders. While they are protecting their tribal member they are, at the same time, leaving their minor members (children) without means of the essentials to survive; as in food and shelter. What message are they sending out under these circumstances?
Congratulations to Christina, her children and the tribal counsel for the outcome of this case. Hopefully this won't happen again when the issue of child support raises its ugly head thanks to uncaring fathers (or mothers in some instances).
Regardless of the disagreement between divorcing parents, their kids shouldn't be used as a weapon by either of them. Not only is it detrimental with regard to the kids relationship with this parent, they also have to deal with additional loses due to the money he/she intentionally withholds for whatever reason.
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Here's Johnny said on: October 6, 2011, 7:05 am
Sonnie Brown would like to extend his thanks to all of the morons who make it possible for him to pull in $240 thousand a year with brains and skills so limited that he couldn't qualify for head dishwasher.
It's a pathetic human being indeed who requires a court order to take care of his kids.
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SeparationCS said on: October 6, 2011, 6:19 am
Good for the child.
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Common Sense needed said on: October 6, 2011, 6:18 am
There are too many cases of financial child neglect when it comes to children of tribal members. The tribes need to enact internal laws requiring tribal members to provide financial support to their children, regardless of the status of the relationship with the other parent. Parents have a moral obligation to provide support for the children they created, according to their resources. When you have tribal members getting $10-20,000 a month in per capita payments, and their minor children are living off welfare and food stamps, and the tribes do nothing to relieve their suffering, perhaps the taxpaying citizens of the state should reconsider their participation in the tribe's casino wealth, and think of the taxes they are paying to support the abandoned children of tribal members. These children are the tribe's responsibility, too, not the taxpayers! They want a Sovereign Nation status, then they need to provide for the needs of their people.
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gdogncbd said on: October 5, 2011, 9:21 pm
they knew that this would be a thorn in their side if they didnt act and make good on him paying as ordered.im glad she was able to prevail and get what is owed to her and the kids,its not like the father was broke and had no funds.this guy was just using the system to avoid his debt because of his status,its just a shame that it took so long to get them to act.