In Re Marriage of Jacobsen

Federal law directs state courts to give full force and effect to American Indian tribal law and custom in civil matters. Chumash tribal custom and tradition provides that funds distributed by the tribe to its members should not be used to pay spousal support to nonmembers. Here we hold that the family law court is not required to give full force and effect to the Chumash custom and tradition because it is inconsistent with California law. Maria Jacobsen, an enrolled member of the Santa Ynez Band of Mission Indians (the Tribe), appeals an order of the family law court awarding $7,415 monthly temporary spousal support to her former husband, Randy Jacobsen. We affirm.

Randy also appeals and challenges a subsequent order of the family law court awarding him $3,500 monthly temporary spousal support pending determination of this appeal. We affirm.

FACTS

On May 31, 2000, Maria filed a petition to dissolve her 11-year marriage to Randy. They have two minor children and formally agreed that Randy would have physical custody of the children approximately 20 percent of the time.

Maria is not employed and is a full-time homemaker. As an enrolled member of the Tribe, she receives…