Friday, August 8, 2008

Per Caps Enough, Court Says. Mom Doesn't Need Child Support from Dad

A mother seeking child support from her children’s father was denied because, a Florida appeals court determined, the children’s needs were more than adequately covered by per caps from the Seminole Tribe. As members of the Seminole Tribe, the mother and the father each received $10,500 a month. Each of their four children received $2,625 a month and an additional $7,600, which was deposited in a trust account that would be paid to each child when he or she turned 18. The court affirmed a lower court ruling that under Florida law, it could depart from the presumption of parental support for the children because other sources of income made it unnecessary. The case is Cypress v. Jumper, Court of Appeal of Florida, Fourth District.

10 comments:

  1. Regardless of amount of income, the father should be made responsible for his children. Support doesn't have to be monetary, he could find other ways to support his children. He could even put child support payments into a trust for when they are adults (maybe even a retirement fund?)

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  2. This is what happens with all tribes receiving per capita. I agree with the court as she is sitting well with the per capita that she is receiving. Thumbs up to the father. What more does the mother want. There are people out there that don't have the financial resources to provide for their family!

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  3. So, I guess the only PEOPLE who allowed in the millions of dollars support are NON-Indian people.Hum? sounds like a cheap way to get back at Indian children. After all,a DEAD BEAT dad, is a DEAD BEAT dad.

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  4. Per Caps are not suppose to be considered as income.Any way you look at it, the person is still a DEAD BEAT dad.

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  5. you need a reality check, the court ruling is not in the best interest of the children. Why not? Because natives get a per capita, this should not exclude the father from his responsibilities in financially supporting his children. If this is the case, how about the families who earn millions, and how will that be justified,and exclude those fathers from support payments? I don't think so, you read about court rulings having the father pay, irregardless of the amount of money he makes, he pays support to his children. Children did not get here on their own, and the mother was assisted by the father at the time they were conceived. Mothers end up keeping the family together, and why use natives, because they get a per captia...the tribes getting the big bucks, are we made to feel guilty over this.....not...other people who have enterprises make money and people don't point fingers at them because of the big bucks.........

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  6. This is a dangerous precedent to set! All parents are responsible for their children regardless of each others income. This can become widespread and will affect the Child Support Programs everywhere. So why didn't the court just releive the father of his parental rights as well? If he does not have to be financially responsible, why allow any priviledge either?

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  7. yep! if it were non-natives they would take the proceedings on and on to determine if child support should be paid! Now for non -natives if they have income then hey they have income....they dont need the state to pay money to natives IF THEY have income!
    The father is responsible to pay child support regardless of per capita!
    Make him pay - Prices all over IS going sky rocket; College, Books, Food/Gas is expensive!
    He needs to be responsible regardless!

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  8. Why is the case left up to State courts? Where was the interest to be shown on behalf of the Seminole Tribe by its tribal leadership? If they have a tribal court that's where the case should have been heard! Oh! And as for percaps the person who wrote saying that "This is what happens when ALL tribes receive percapitas. . . " NOT ALL tribes have a casino and those that do often cannot make any of those payments anyway. Get real! Furthermore, if the law is the law and the deadbeat dad owes the child. .then the deadbeat dad owes the child - regardless of mom or child's current income. IT IS THE LAW!

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  9. Some kind of weird favoritism. Neither parent should bare sole responsibility. Judges in Florida are a piece of work!

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  10. Well. I do not agree. Have you thought of the Tribe's who do receive per capita's but still will not garnish those PerCapita payments from the DAD for his child. The Puyallup Tribe in Washington State will not take any money out of their Male Tribal members's accounts to pay child support for my niece. Which is terrible for all of those involved and it also sends out a bad message and sets a poor example. Shame on the Puyallup Tribe. She receives nothing from her dead beat dad!!! He's a Bean.

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