Burbank v. Clarke

7 Navajo Rptr. 369, 2 Am. Tribal Law 424
CourtNavajo Nation Supreme Court
DecidedJanuary 26, 1999
DocketNo. SC-CV-36-97
StatusPublished
Cited by4 cases

This text of 7 Navajo Rptr. 369 (Burbank v. Clarke) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burbank v. Clarke, 7 Navajo Rptr. 369, 2 Am. Tribal Law 424 (navajo 1999).

Opinion

OPINION

Opinion delivered by

AUSTIN, Associate Justice.

We are asked to decide the following issues: 1) whether a minor becomes emancipated in fact upon becoming a parent before reaching the age of majority; 2) whether undivided child support payments for multiple children should be automatically reduced pro rata when one of the children becomes emancipated or attains the age of majority; and 3) whether the trial court abused its discretion when it retroactively modified a child support order resulting in cancellation of part of the past due child support amount. We hold as follows on each issue: 1) Under Navajo Nation law, a minor does not become emancipated solely by the fact that he or she becomes a parent; 2) Lump sum child support payments for multiple children may not be reduced without the obligated parent filing a petition for modification and the court affording the parties an opportunity to litigate the alleged changed circumstances; and 3) A Navajo Nation court may not retroactively modify a child support order. We reverse and remand for further proceedings.

I

A divorce decree entered on June 17, 1980 ordered Tommy Clarke Sr. (“Appellee”) to pay $500 per month to Jane Burbank (“Appellant”) for the support of their five minor children — four girls and one boy. Clarke v. Clarke, No. CH-CV-142-80 (Chinle Dist. Ct. 1980). The decree was modified on December 29, 1981 after the Appellee failed to make a payment. It reduced his obligation to a monthly lump sum payment of $200 for the support of all the children and ordered him to make a one time payment of $500 to cure the delinquency. The Appellee was further ordered to pay support “for the five (5) minor children of [370]*370the parties until they become 18 years of age or become emancipated.” Clarke v. Clarke, No. CH-CV-182-81 (Chinle Dist. Ct. 1981). He made only one payment of $200 under this order.

The Appellant filed another action to compel the Appellee to provide support to his children, which produced a written settlement agreement dated August 15, 1983. On August 18,1983, the Window Rock District Court incorporated the settlement agreement into its order, affirmed the Appellee’s $200 per month child support obligation that was ordered on December 29, 1981, and added $100 more per month to satisfy $4,100 of unpaid child support. The court further recognized as enforceable all the conditions of the December 29, 1981 order. The Appellee paid nothing pursuant to the 1983 order.

On April 26, 1996, the Appellant filed this case in the Chinle Family Court to collect all of the accumulated, unpaid child support between December of 1981 and the date each female child turned eighteen years of age, and through May of 1996 for the son, whom she claimed would graduate from high school then. She asked for a $34,900 judgment against the Appellee.

The Appellee admitted he did not pay any child support, except for one payment of $200 in 1981. At the final hearing, he asked for a $40 reduction of his obligation, to be applied retroactively, each time one of the children became emancipated. The $40 figure comes from dividing the $200 monthly payment evenly among the five children. The Appellee did not file a petition for modification of his child support payments at any time during the long history of this case.

The Appellee argued that the girls were emancipated on the date they became mothers, at ages fourteen, fifteen, fifteen, and sixteen. He claimed his son was emancipated on the date he dropped out of high school, which was also before he turned eighteen. The record does not disclose whether any child was married, living independently of the parents, or self-supporting at the time of his or her claimed emancipation.

The family court accepted the Appellee’s position and retroactively reduced his support obligation “by $40 as each child reached eighteen years of age or was emancipated.” Finding No. 5. The court thereby eliminated from consideration a major portion of the unpaid child support amount that the Appellant sought. Each female was found emancipated upon the birth of her first child and the son upon attaining the age of eighteen. Finding No. 6. The court awarded the Appellant $13,000 for unpaid child support and ordered the Appellee to pay $100 each pay day until the judgment was paid in full. Order Nos. 2-3.

II

In 1981, the Chinle District Court ordered the Appellee to pay child support to his five children until they either turned eighteen years of age or became emancipated. In 1997, the Chinle Family Court had to decide the novel issue of whether the sole fact of becoming a parent could emancipate a minor. The court [371]*371held in the affirmative. We find that the family court’s holding on the emancipation issue contradicts Navajo common law.

The law that obligates every parent to support his or her offspring is integral to Navajo culture. This customary law underlies our modem child support jurisprudence. Tom v. Tom, 4 Nav. R. 12, 13 (1983). The rationale for the law is straightforward — a parent who brings a child into the world has a duty imposed by natural and spiritual law to provide for the child’s needs until the child is capable of self-support. The law also helps to turn the Navajo concept of ‘Una (“life — past, present and future) into practical experience. Children are viewed as the future, ensuring the existence amd survival of the Navajo people in perpetuity.1

When a young Navajo person no longer needs the support, care, and custody of the parents, he or she is said to be a young adult. At this time, the person becomes self-supporting, independent, and free of parental control. The Navajo term for this is t’aabii ak’inaaldzil and basically means a person is self-supporting. That law applied to the subject of child support determines when a minor becomes emancipated. Navajos became self-supporting earlier in their teens during the first half of this century, because of the Navajo people’s minimal reliance on wage income. In contrast, highly developed skills or a post high school education is a must today, if one is to become financially capable of earning a living. For that reason, it takes a minor longer to become independent and self-supporting today. This point may serve as a backdrop for our courts when handling emancipation questions.

The trial court must determine whether emancipation has taken place after examining all the facts and circumstances relevant to that issue. Although what constitutes emancipation is a question of law, the issue of whether a minor has actually become emancipated is a question of fact. Because of our rule that every parent is obligated to support his or her child either to majority or until the child is independent, free of parental control, and self-supporting, we place the burden to prove emancipation on the party asserting it. Nothing short of competent evidence must be used as proof.

In this case, the trial court found that the sole fact of giving birth had emancipated each female minor. The parties did not bring other facts relevant to the emancipation issue to light for the court’s consideration. We do not agree that becoming a parent, by itself, is a sufficient ground for emancipation. It is a factor for our trial courts to consider, along with others, but is not alone dispositive of the emancipation issue.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sandoval v. John
10 Am. Tribal Law 57 (Navajo Nation Supreme Court, 2011)
In re A.M.K.
9 Am. Tribal Law 191 (Navajo Nation Supreme Court, 2010)
Goldtooth v. Naa Tsis' Aan Community School, Inc.
8 Am. Tribal Law 152 (Navajo Nation Supreme Court, 2009)
Begay v. King
8 Am. Tribal Law 148 (Navajo Nation Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
7 Navajo Rptr. 369, 2 Am. Tribal Law 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbank-v-clarke-navajo-1999.