Naize v. Naize

7 Navajo Rptr. 269, 1 Am. Tribal Law 445
CourtNavajo Nation Supreme Court
DecidedMay 28, 1997
DocketNo. SC-CV-16-96
StatusPublished
Cited by1 cases

This text of 7 Navajo Rptr. 269 (Naize v. Naize) 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
Naize v. Naize, 7 Navajo Rptr. 269, 1 Am. Tribal Law 445 (navajo 1997).

Opinion

OPINION

Opinion delivered by

CADMAN, Associate Justice.

Two issues are the subject of this opinion: 1) whether the Chinle Family Court abused its discretion when it awarded spousal maintenance to the Appellee; and 2) whether the Chinle Family Court abused its discretion when it awarded attorney’s fees to the Appellee. Five other assignments of error were decided in our March 7,1997 memorandum decision. We affirm the family court’s decisions on spousal maintenance and attorney’s fees.

I

The parties began living together in 1969 and obtained a marriage license in October, 1974. Their only child was bom in 1977 and is over the age of eighteen. The child attends post-secondary school and resides with the Appellee, Julia Naize, when not in school. The child has chronic skin problems.

The final divorce decree was filed on March 22,1996. The court awarded the Appellee the following: a homesite lease; most of the home furnishings (beds, dressers, lamps, tables, chairs, couch, television set, wood stove, stereo, washing machine and dryer, and air conditioner); silversmithing tools; assorted tools and boxes; livestock racks; a flatbed trailer; a 500-gallon water tank; an automobile engine; a camper shell; and a chainsaw. The Appellant received a bed, lazy-boy chair, locksmithing tools, television set, washing machine and dryer, and a Native American Church drum. The community debts were fairly divided.

The court awarded the Appellee $200.00 per month in spousal maintenance for three years after finding that she was 58 years of age, uneducated, in poor health, [270]*270had two medical operations, was in constant need of medical attention, and needed reliable transportation. The Appellant was further ordered to deliver a truckload of firewood and coal to the Appellee during the months of November, December, January and February of each year, beginning the fourth year, for an indefinite time period.

At the final hearing, the Appellee introduced the following evidence: she has tuberculosis related health problems; she has a foot problem that needs special shoes; she cannot walk or stand without pain; she needs assistance to get upright; she has chronic back pain and pain from two surgeries; she uses traditional Navajo healing ceremonies; she is not employable; she cannot weave rugs anymore; she stayed home to raise her son while her husband worked; and she helped her husband with many tasks during their marriage. The Appellant did not controvert any of this evidence.

On her request for attorney’s fees, the Appellee introduced evidence of her unemployability, inability of self representation due to illiteracy, necessity of borrowing money to hire counsel, and her preliminary opposition to the divorce petition. Again, none of this evidence was contradicted. The family court found a special set of circumstances from the evidence and awarded the Appellee her attorney’s fees of $675.00.

II

Spousal Maintenance

A

A review of this Court’s past spousal maintenance decisions is relevant to the issue before us. In the first reported decision, Johnson v. Johnson, 3 Nav. R. 9 (1980), the Court was asked to pinpoint the source of the Navajo Nation courts’ authority to award spousal maintenance. After failing to find a Navajo Nation statute specifically authorizing it, the Court relied on the choice of law statute to rule that “nothing in Navajo tradition or custom would prohibit [the Navajo Nation courts] from applying New Mexico law [or state law] pursuant to 7 NTC § 204” to award alimony. Id. at 11. Subsequently, in Charley v. Charley, 3 Nav. R. 30 (1980), the Court was asked for the appropriate standard applicable to the issues of whether spousal maintenance should be awarded and, if so, its amount. Again, the Court looked outside our jurisdiction to hold that the law of the state “where the spouse and children reside will determine the standard for alimony until the Tribal Council or this Court sets other standards.” Id. at 31. New Mexico guidelines, six in all, were applied to the facts of that case. Id. In the latest decision, we “set additional guidelines” for the Navajo Nation courts to apply in “a fair and reasonable manner” when awarding spousal maintenance. Sells v. Sells, 5 Nav. R. 104, 106 (1986). We retained Charley’s guidelines, but overruled its holding that the law of the state in which the spouse and children reside should determine our spousal maintenance [271]*271issues. Id. at 106-107. The Court foresaw confusion and forum shopping as the laws of three different states could be applied to spousal maintenance issues in the Navajo Nation. Id. at 108. The Court underscored the need for “uniformity, consistency and predictability in developing Navajo law.” Id.

The parties before us apparently agree the guidelines in Sells give our courts adequate direction when addressing spousal maintenance issues. Questions, however, were directed at the authority of the Navajo Nation courts to award spousal maintenance following the Navajo Nation Council’s 1985 revision of the choice of law statute, 7 N.N.C. § 204, this Court’s overruling of the Charley holding, Sells, 5 Nav. R. at 107, and this Court’s statement in Sells that “[sjtate laws do not control domestic relations within our jurisdiction.” Id. We address these below.

At the outset, we establish that the Navajo Nation courts, serving as courts of equity, have the general authority to award alimony, particularly in cases where a divorced spouse is “not able to provide for her [or his] own maintenance and that of her [or his] remaining minor children without some sort of financial aid from” the former spouse. Charley, 3 Nav. R. at 10-11. This power exists independent of any Navajo Nation statute on the subject and is justified by the Navajo People’s traditional teachings admonishing not to “throw one’s family away.” Public policy also supports the courts’ exercise of this power. The general lack of economic and employment opportunities on the Navajo Nation, the Nation’s lack of a well educated and skilled labor force, and the Nation’s high divorce rate, which leaves children dependent on one spouse or relatives, all underlie the many requests to the courts for spousal maintenance.

The Navajo Nation courts’ authority to award spousal maintenance was first challenged in Charley. “Whether the Courts of the Navajo Nation are empowered to award alimony.” 3 Nav. R. at 9. The Court did not find a Navajo Nation statute granting our courts such authority and that is still the case today. Id. at 10. While section 204 authorized use of Navajo common law, the Court in Charley apparently did not choose that route. Instead, it went directly to state spousal maintenance law, and found it applicable as long as Navajo custom or tradition did not prohibit its use in a Navajo Nation case. Id. at 10-11. While we do not fault the Court’s choice, we believe Navajo common law does authorize our courts to award spousal maintenance.

The Navajo People’s segmentary lineage system (clanship system) is the foundation of Navajo Nation domestic relations law. The system itself is law. Traditional Navajo society is matrilineal and matrilocal, which obligates a man upon marriage to move to his wife’s residence.

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8 Am. Tribal Law 235 (Navajo Nation Supreme Court, 2009)

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Bluebook (online)
7 Navajo Rptr. 269, 1 Am. Tribal Law 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naize-v-naize-navajo-1997.