August 25, 2006
Case Law Development: Division of Tribal Income
American Indians who enjoy sizable monthly payments from their tribe's casino profits may have to split the cash in a divorce — even when the former spouse isn't a tribal member, the Minnesota Court of Appeals has ruled. In a decision that may be a first in the nation, the court decided the $84,000 a Prior Lake woman received each month as a Shakopee Mdewakanton Sioux Community member is income, not a gift or an inheritance. Since the money is income, "any such payments received during the tribal member's marriage are marital property subject to division upon dissolution," the court concluded.
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What about tribal income in bankruptcy? Can the trustee take the future income?
Posted by: teacher | Sep 28, 2010 7:36:56 PM