Redstone v. Tollefson

3 Am. Tribal Law 351
CourtFort Peck Appellate Court
DecidedOctober 31, 2001
DocketNo. 357
StatusPublished
Cited by3 cases

This text of 3 Am. Tribal Law 351 (Redstone v. Tollefson) is published on Counsel Stack Legal Research, covering Fort Peck Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redstone v. Tollefson, 3 Am. Tribal Law 351 (ftpeckctapp 2001).

Opinion

OPINION AND ORDER

GARY P. SULLIVAN, Chief Justice.

BRIEF FACTUAL OVERVIEW AND PROCEDURAL HISTORY

On May 12, 1997, Joan Redstone (Joan), the maternal grandmother and physical care provider of two minor boys, filed a civil complaint seeking child support from Steve Tollefson (Steve), biological father of the two boys. A Summons was issued on June 2, 1997 and served on Steve June 24, 1997. Steve filed a hand-written answer to the complaint on June 30, 1997, stating that he had previously taken a Court ordered blood test brought on by the “Welfare Court”. He went on to state that he took the test in Glasgow, MT., and that he hired the services of Attorney Robert Hurley. He then referred “any other-questions” to Attorney Hurley’s office, by giving Hurley’s telephone number.

A default judgment was rendered on July 3, 1997. The default judgment ordered Steve to pay $400 per child per month.

On November 5, 1997, Steve filed a petition in the Tribal Court to set the default judgment aside. The Court granted Steve a hearing, ordering blood tests to be taken to determine paternity. After the blood tests were administered, trial was held in the matter of February 28, 2000. Following the February trial, the Court issued its order on May 2, 2000, as follows:

1. Paternity was established conclusively by the blood tests that Steve, as the biological father, was charged with the responsibility for the care and support of the two boys dating from their birth;
2. In establishing the child support obligation and arrearage, the Court considered “the estimated needs of the minor children”, the “ability of [353]*353(Steve) to make support payments”, the duration of Steve’s responsibility, and the date of Joan’s original complaint;
3. Child support payments were set at $150 per child, per month;
4. Payments to begin on August 3, 1997 and continue thereafter on the 3rd of each month until majority or emancipation;
5. Arrearage calculated by the Court to be $10,200 (34 months x $150 child = $5,100 per child x 2 children = $10,200);
6. Payments toward arrearage set at $25 per month per child until arrear-age is satisfied;
7. If arrearage remains when majority reached, arrearage payment per child is raised to $150 per month until satisfied;
8. Payments to be made payable to Joan;
9. Default judgment dated July 3,1997, previously entered by Court is vacated.

Steve petitions our Court to review this order citing various errors.

ISSUES PRESENTED

Steve challenges the Tribal Court order, alleging the court acted erroneously1, in that:

1. Child support cannot be ordered until the date of determination of paternity.
2. The Court’s findings are inadequate to support the judgment rendered.
3. A non-Indian parent who resides on the Fort Peck Indian Reservation is entitled to the protections of the Montana Child Support Guidelines and the Tribal Court should adopt said guidelines to insure uniformity in child support awards.
4. The Court erred in ordering child support payments from the date ordered in a default judgment because the default was taken contrary to tribal law.

STANDARD OF REVIEW

The jurisdiction of the Court of Appeals shall extend to all appeals from final orders and judgments of the Tribal Court. The Court of Appeals shall review de novo all determinations of the Tribal Courts on matters of law, but shall not set aside any factual determinations of the Tribal Court if such determinations are supported by substantial evidence. Title II CCOJ 2000 § 202.

DISCUSSION

Issue # 1: Can the Court order child support payment from a putative father prior to the date paternity is established? General speaking, no. Child Support orders are a result of a legal duty borne by eaeh parent and a putative father is not, in the legal sense, a parent. However, the real question before us is whether the Court can order a child support payment retroactively once paternity is established. Steve argues that a (putative) father cannot be held liable for child support until his paternity is established. He believes that he was prejudiced by the entry of the default judgment. He further argues that the Court, after ordering retroactive child support, failed to determine whether or not the amount of support, which was ordered retroactively, was commensurate with his income at the time of the default. Steve offers no supporting [354]*354authorities and Ms argument is a bit late in coming.

First, the Court in its May 2nd order vacated the default judgment, thus rendering that portion of his argument moot. Secondly, the Court has ever right to order child support retroactively after paternity is established, provided that the putative father has notice that child support is being sought from Mm. That notice was given on June 24, 1997. Yet, the Court, in its order of May 2, 2000, did not commence child support until August 2, 1997. Steve is in error to suggest that his right to due process was violated by the retroactivity of the Court’s order. The day he received the summons (June 24, 1997) he was made aware of the legal proceeding. Assuming arguendo that the Court entered the default erroneously, such error is corrected by the Court vacating the defective default order. Thus, the default is a nullity and any prejudice occasioned by it vanishes. However, in vacating the default judgment, the Court does not vacate the notice that Steve concedes that he received on June 24, 1997. Once paternity was established, we believe the Court had the right to order child support from Steven from the date of that notice.

Issue # 2: The findings are inadequate to support the judgment rendered. Specifically, Steve argues that the order is completely void of any findings with regard to the parties’ income, he further states that the biological mother testified that she paid $150 per month for the support of the children; that Joan testified that she needed a total of $250 per month for the support of the children and yet the Court ordered Steve to pay $300 per month for support of the children. Thus, the Court ordered more support than even the petitioner requested and it ordered him to pay twice as much as the mother was paying when he and the mother earns substantially the same wage. Steve also points to other alleged disparities: 1) the mother’s payment are voluntary; his are Court ordered; 2) he has another child (with a different mother) living with him to support and the mother herein has no children living with her; 3) the parties’ respective living expenses were not considered, or if they were considered, they were considered improperly. Steve cites various Montana state cases that tend to support his arguments. Steve also points out that the Fort Peck CCOJ fails to provide objective criteria or any instructions whatsoever to guide the Tribal Court in making child support awards.

We have great respect for the Courts of Montana and, on occasion, we find many of their cases useful and instinctive in a particular matter. Title VIII CCOJ 2000 § 501(d).

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Cite This Page — Counsel Stack

Bluebook (online)
3 Am. Tribal Law 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redstone-v-tollefson-ftpeckctapp-2001.