Needing advice and help!

[tjpmedic1]

I went thru a divorce in the yrs 2007 thru 2008. The wife left in the middle of 2007 after an extended marriage of 26 yrs. I did not know where she was nor hear from her for about 1 yr till I received a petition for divorce in a tribal court in another county...neither one of us were of native American decent but the man she left with was. Anyways I filed a response to that petition and it was accepted by the court. She was ordered to pay half of all the taxes for the back taxes in the yrs 2004, 2005, 2007 as well as penalties and interest acquired. I have filed my taxes since that time and the IRS has kept my refund for the past 3 yrs as well as my stimulus refund which adds up to better than half of the owed amount. She apparently has not filed nor paid anything on her part. I am now looking to have my paycheck garnished or other actions taken against me which I am in no position to do at this time. Just barely getting back on my feet now. What do I need to do at this point to get her to pay her part and to get me cleared of the rest of the owed debt that is her part now. I have contacted the IRS and was informed it was a civil matter now. Your help and advice would be greatly appreciated. Thanks Tommy

 

[army judge]

I went thru a divorce in the yrs 2007 thru 2008. The wife left in the middle of 2007 after an extended marriage of 26 yrs. I did not know where she was nor hear from her for about 1 yr till I received a petition for divorce in a tribal court in another county...neither one of us were of native American decent but the man she left with was. Anyways I filed a response to that petition and it was accepted by the court. She was ordered to pay half of all the taxes for the back taxes in the yrs 2004, 2005, 2007 as well as penalties and interest acquired. I have filed my taxes since that time and the IRS has kept my refund for the past 3 yrs as well as my stimulus refund which adds up to better than half of the owed amount. She apparently has not filed nor paid anything on her part. I am now looking to have my paycheck garnished or other actions taken against me which I am in no position to do at this time. Just barely getting back on my feet now. What do I need to do at this point to get her to pay her part and to get me cleared of the rest of the owed debt that is her part now. I have contacted the IRS and was informed it was a civil matter now. Your help and advice would be greatly appreciated. Thanks Tommy

I don't know if your divorce is legal.
Before a tribal court has jurisdiction over a divorce, ONE of the parties to the divorce must be subject to the jurisdiction of the tribal court.
That means that one of you had be of Native American ancestry and reside on the reservation where the tribal court sits.

Even if the tribal court had jurisdiction over HER because she resided on the reservation, it had none over you, a person not of Indian ancestry.

You might want to speak with a lawyer in Oklahoma.
A lawyer that practices in Oklahoma state courts.

I don't know what that means as far as previous decrees.
You need serious and specialized legal advice, pronto!

I hope that neither one of you have remarried.

Jurisdiction. In order for a particular court to hear your claim that court must have jurisdiction.
First, the court must have jurisdiction over the people involved, that means the court must have
jurisdiction over you and the opposing party(s). Second, the court must have jurisdiction over
the subject matter of your claim. This means the court has jurisdiction to hear type of claim you
filed such as divorce or paternity. In tribal courts, one of the parties should be a tribal member
and there must be a connection between your cause of action and the reservation you are filing
your action. If you are filing for divorce you must be a resident of the reservation you are filing
and one of the parties to the marriage must be a tribal member.

http://www.helpsouthdakota.com/Data...nts/1160936376.09/Divorce in Tribal Court.pdf

B. Civil Jurisdiction
A civil case in court is one involving a dispute between two private parties, such as a divorce or lawsuit to collect a debt owed a merchant. Indian tribes and their entities are also frequently involved in tribal court civil disputes.
Tribal courts have very broad authority to hear civil disputes, particularly when the dispute involves some area of domestic relations matter such as marriage, adoption, or child custody. Tribal courts have heard cases ranging from personal injury lawsuits where the injured party is requesting millions of dollars in injuries to small claims cases involving much more modest requests for relief of damages.
The daily staple of cases for a tribal court is very similar to that in the state courts with many domestic relations cases, consumer collection matters, juvenile delinquency proceedings, and housing cases. If a civil dispute involves an Indian on the reservation, such as a lawsuit by a merchant to collect a debt from a reservation Indian, the U.S. Supreme Court has recognized that such a case can only be brought in a tribal court, and not a state court.21 Similarly, in the area of domestic relations, it is generally recognized that only tribal courts can hear cases such as those brought for the adoption of Indian children22 who reside on the reservation, or divorce cases where one party to the dispute is an Indian residing on the reservation.

http://www.icctc.org/Tribal Courts-final.pdf

 

[tjpmedic1]

Well they stated in the petition that she had established residency for that county. Neither one of us are of Native American decent, but the man she left with and had lived with for that year period is, as well as his whole family. Some may even work for the tribe....but that I cannot be sure of....I have had no contact with her since she left in 2007 other than n the courtroom. Thanks Tommy

 

[army judge]

Well they stated in the petition that she had established residency for that county. Neither one of us are of Native American decent, but the man she left with and had lived with for that year period is, as well as his whole family. Some may even work for the tribe....but that I cannot be sure of....I have had no contact with her since she left in 2007 other than n the courtroom. Thanks Tommy

Yes, that is what I said.

In order for a tribal court to divorce a couple, one of these conditions must be met: 1) both have to be Native Americans; 2) One must be native American and the other party must agree to the tribal court's jurisdiction. In addition, one of the party's must reside on the reservation where the tribal court presides.

The fact that she lived on the reservation, isn't sufficient to obtain a divorce. I suspect FRAUD. I suspect you've been "conned", in more ways than the divorce and IRS order.

Sir, before this gets too far out of control (it may already have done that), you need to right this wreck. You are the injured party. You're also the innocent party.

You are probably entitled to injured spouse relief under IRS rules. You can file for that relief pro se. Go to the IRS website and search, "injured spouse relief". The process is long and tedious, but you gotta try.

You also need a lawyer. You may need to speak with a local prosecutor. You might have to lodge a criminal complaint against that "con-woman" and her co-conspirator, Native American consort.

 

[tjpmedic1]

Well I did find out early this morning that the ex-wife has remarried. So what is my course of action now if this was not ever a legal process in the first place seeing how that it was all handled in a Tribal court. Not sure this is going to make getting her to take resposibility for her half of the back taxes is going to be easy at this point....will all the agreements in the divorce decree be null and void now? I have not remarried at this time, I am still not sure this will even qualify me as an injured spouse with the IRS, due to all the years in question with the back taxes were filed jointly. Thanks for your response....Tommy!

 

[army judge]

Well I did find out early this morning that the ex-wife has remarried. So what is my course of action now if this was not ever a legal process in the first place seeing how that it was all handled in a Tribal court. Not sure this is going to make getting her to take resposibility for her half of the back taxes is going to be easy at this point....will all the agreements in the divorce decree be null and void now? I have not remarried at this time, I am still not sure this will even qualify me as an injured spouse with the IRS, due to all the years in question with the back taxes were filed jointly. Thanks for your response....Tommy!

She is committing bigamy.

I'd report her to the police and let them investigate it.

The criminal proceedings will also give you access to an easy divorce.

She also committed fraud to obtain the divorce.

You were also unwittingly involved in her illicit scheme.

Reporting her will take the noose off of your neck.

 

[Proserpina]

OP, please listen to Army Judge's advice here.

You have been completely swindled by the sound of things and frankly you need to do whatever it takes to get an attorney to help you fix things!

 

[tjpmedic1]

Ok, I am not schooled in law and have tried to find the specific law that pretains to the Tonkawa Tribe of Indians in Oklahoma....I have been on their website and they have no links that helps to research their law nor their records. I am asking anyone that can help guide me to a site that gives info specificly to their laws on Jurisdiction, Divorce, and the the requirements to use their tribal court concerning these matters. I know that the ex-wife has re-married but cannot find any records of it thru regular county court records, I suspect that they used the tribal court as they did with the filing of the divorce. I did discover that the male co-hart she left with that is of Native American decent, has a relative that is a Court Clerk for that tribal court in Tonkawa. I have found out that tribal law varies from tribe to tribe....any specific site or information on the Tonkawa tribe laws in Oklahoma would be greatly appreciated........Thank each and every one of you for the help I have received so far......Tommy

 

[army judge]

Ok, I am not schooled in law and have tried to find the specific law that pretains to the Tonkawa Tribe of Indians in Oklahoma....I have been on their website and they have no links that helps to research their law nor their records. I am asking anyone that can help guide me to a site that gives info specificly to their laws on Jurisdiction, Divorce, and the the requirements to use their tribal court concerning these matters. I know that the ex-wife has re-married but cannot find any records of it thru regular county court records, I suspect that they used the tribal court as they did with the filing of the divorce. I did discover that the male co-hart she left with that is of Native American decent, has a relative that is a Court Clerk for that tribal court in Tonkawa. I have found out that tribal law varies from tribe to tribe....any specific site or information on the Tonkawa tribe laws in Oklahoma would be greatly appreciated........Thank each and every one of you for the help I have received so far......Tommy

Tommy, you don't need to fool with all of that. Indian tribal courts are courts of limited jurisdiction. Simply put, a tribal court had no jurisdiction or authority to divorce two people not of tribal ethnicity.

Your "faux-ex" perpetrated a fraud on the tribal court, you, and the agency or institution she obtained her "faux-marriage" through!

All you need to do is report what you know about her and her cohort to your local prosecutor or district attorney. You might even make a report to your local police, if they'll take it.

The prosecutor, district attorney, or detective will do all the leg work to prove the guilt of that conniving, lying, thieving, perpetrating female charlatan!!!