I have a couple questions about this. I am in central oklahoma and have 4 children 3 are from a previous marriage. I have custody of the child and we have rectley been added to our tribal roll. are tribe is out of washington state and sends all members of age (18 +) $2000 a month of per capita payments..they send children under 18 payments of approx $550. and then put $1300 in trust.

My ex is seeking modification of child support stating that these per capita payments are my income..and honestly they are but by law do I have to claim them to figure child support? Through these per capita payments I recieve approx. $3600 a month. This besides child support is my only income.. so my question is will the state of oklahoma count per capita as income for child support..I have done as much research on line as I can to fine out..I know they don;t count per capita or food stamps but child support guideline do not exlude per capita payments...the state of Iowa supreme court ruled there they do count..what do you think??

And my second question is my oldest will be 18 in September and will have access to his trust fund appox. $90,000 but willnot graduate till he is 19, my ex also wants to stop paying support because of the funds my son will have available to him..(the trust and about after taxes $1350 a month of his own per capita payment) will he be able to stop paying supprt for my oldest..or will he hae to pay until he graduates...
thanks in advance

You may want to post this under family law as well. I am sorry I am not familiar with tribal payments. You may want to speak with an attorney that has experience with is to discuss your legal options and if they count. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.