TURNIPSEED v. TURNIPSEED

18 NICS App. 35, TURNIPSEED v. TURNIPSEED (October 2020)

IN THE PUYALLUP TRIBAL COURT OF APPEALS

PUYALLUP INDIAN RESERVATION

TACOMA, WASHINGTON

Pernelle Raymond Turnipseed, Sr., Petitioner/Appellant,

Ashley Turnipseed, Respondent/Appellee.

NO. PUY-CV-AP-2020-0082 (October 20, 2020)

SYLLABUS*

Trial court’s child custody order and support judgment order appealed. Appellant argued trial court errored when it deemed appellee as the primary provider for the children and eligible to receive per capita payments on behalf of the children. Court of Appeals found that per capita payments for the children should be distributed in equal amounts to both the appellant and appellee due to the joint physical and legal custody shared. Court of Appeals reversed the trial court’s decision and remanded to trial court for further proceedings

Before:	Thomas Weathers, Chief Appellate Judge; Lisa M. Vanderford-Anderson, Appellate Judge; Mary Finkbonner Cardoza, Appellate Judge.
Appearances:	Joel Michael Flores, for Appellant; Mark E. Hurdelbrink, for Appellee.

OPINION

Per curiam

THIS MATTER comes before this Court pursuant to Notice of Appeal filed by Appellant Pernelle Turnipseed on August 7, 2020. The Appellate Court declines to hear oral arguments and makes its decision based on consideration of the briefs filed by the parties and the trial court record below. We reverse and remand.

BACKGROUND

On May 7, 2020 final Dissolution orders were entered between the Appellant and Appellee in the Puyallup Tribal Court. In conjunction with these orders, a Parenting Plan, and

18 NICS App. 35, TURNIPSEED v. TURNIPSEED (October 2020) p. 36

Child Custody and Support Judgement for the parties three minor children were also entered. Appellant, Pernelle Turnipseed, appeals the Child Custody and Support Judgement order designating the Appellee, Ashley Turnipseed, the designated care provider, for purposes of per capital payments including bonuses and other disbursements made for the minor children’s benefit (Puyallup Tribal Court Child Custody and Support Order filed May 7, 2020).

The parties were granted joint physical and legal custody of their three minor children. The Parenting Plan provided the children would live equally with both parents, with the physical custody of the children alternating between parents every seven days, whether it be pre-school age children, school age children, or during the summer school breaks. The Parenting Plan and the Child Custody and Support order provided the father, Pernelle Turnipseed, Appellant, and mother, Ashlee Turnipseed, Appellee, would have joint legal and physical custody of their minor children.

Appellant appealed asserting that the per capita payments made by the Puyallup Tribe to its minor members must be made to the person who has legal placement of the children and providing care to the children (Appellant’s Opening Brief p.5, l.22). Because both Mr. Turnipseed and Mrs. Turnipseed have joint physical custody and legal custody of the minors, they must be deemed to be joint care providers. PTC 1.08.020 (a)(2). Therefore, it was error for the trial court to find that Appellee/mother was the primary care provider for the children (Appellant’s Opening Brief P.8, l.14-17).

DISCUSSION

The Puyallup Tribal Per Capita Ordinance is intended to establish procedures for the distribution, on those occasions that the Tribe is able and so inclined, of gifts to Tribal members in the form of per capita payments of Tribal revenues. PTC 1.08.010. The Per Capita Ordinance provides the definition of Care Provider under 1.08.010 (a) Definitions:.

“Care Provider” shall mean the person or persons who has/have actual physical custody

of and is/are supervising the day-to-day needs of a minor or ward. The care provider shall

be deemed to be: (2) The named parent…..in cases where there is an applicable court

order or voluntary placement designating the custody of the minor or ward.

In this case each parent has been given joint legal and physical custody of the minor children through the Child Custody and Support Order entered by the Court on May 7, 2020. In addition, each parent has been given joint legal and physical custody of the minor children under the Parenting Plan entered by the Court in conjunction with the The Child Custody and Support Order. Under the parenting plan each parent was given 50/50 time with the children with the time split between seven days on and seven days off with each parent.

Under 1.08.080 Distribution of checks subsection (b) provides:

Per capita payments made to a minor or ward will be made in the child’s name. The

check will be mailed to the parent, custodian and /or person who has legal placement of

the child.

18 NICS App. 35, TURNIPSEED v. TURNIPSEED (October 2020) p. 37

The Trial Court, in the Child Custody and Support Order, gave legal placement of the children to both parents equally. The Trial Court did name a parent by designating the care provider as Ashlee Turnipseed, for purposes of per capita payments, including bonuses and other disbursements made for the minor children’s benefit; though she was not named as primary care provider for any other purpose in the orders (Child Custody and Support Judgement filed May 7, 2020).

The Puyallup Tribal Per Capita Ordinance recognizes the distribution of per capita payments to minors through the care providers who provide the day-to-day needs of a minor. In this instance, the care providers share equally in the care of their three children. We find that each parent in this matter provides the day-to-day needs of their children equally, and each have legal placement of their children, as ordered by the Trial Court in the Child Custody and Support Order and the Parenting Plan filed May 7, 2020.

We therefore REVERSE the Trial Court order and find that the Puyallup Tribe per capita payments, made to the minor children of Pernell Turnipseed and Ashlee Turnipseed, shall be divided equally by the Tribe for each child, and a check for one-half of the disbursement amount for each child sent to each parent from the Tribe. Any other bonuses distributed by the Puyallup Tribe shall be divided equally for each child, by the Tribe, and sent to each parent. Any other disbursements made for the minor children’s benefit from Tribal revenue shall all be divided equally by the Tribe for each child and one half sent to each parent.

CONCLUSION

We therefore REVERSE and REMAND for compliance consistent with this Opinion. Each party shall be responsible for its own costs on appeal.

The Motion to Strike filed by the Appellee on September 28th is Granted, as the additional letter filed by Appellant was not filed in compliance within the timing requirements in the scheduling order for the Appellant, and was not part of the trial record below. It will not be considered by this Court. Appellee has requested attorney fees for having to file the motion.

That request is GRANTED. Appellee shall submit paperwork to the trial court below, on remand, substantiating the amount of reasonable attorney fees expended on the motion. The trial court shall enter an order awarding to Appellee, the reasonable attorney fees that are shown.

The syllabus is not a part of the Court’s Opinion. The syllabus is a summary of the Opinion prepared by the publishers of this reporter only for the convenience of the reader. Therefore, the syllabus should not be cited in whole or part as legal authority. Only the Opinion, which follows the syllabus, may be cited as legal authority.