State ex rel. Maney v. Maney

2005 WL 6438072 (2005)

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State ex rel. Maney v. Maney

Eastern Band of Cherokee Indians Supreme Court
2005 WL 6438072 (2005)

Facts

The Eastern Band of Cherokee Indians (the band) profited from its casino ownership. The band shared its profits among its members in payments known as per capita distributions. A mother (plaintiff) filed a child-support action against a father (defendant) in the Cherokee Court of Indian Offenses. The matter was transferred to the Cherokee Court. The mother and father agreed to a consent order requiring the father to pay $50 per month in child support and allowing a garnishment of $1,800 from the father’s per capita distribution. The father was sentenced to 20 to 25 years of imprisonment for sexual abuse of his child. The mother filed a motion for distribution of the father’s per capita distribution, and the father filed a motion to dismiss the proceeding. After a hearing, the trial court denied the father’s motion and granted the mother’s motion. The father appealed.

Rule of Law

Issue

Holding and Reasoning (Martin, C.J.)

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