Download this Paper Open PDF in Browser

Dangerous Gamble: Child Support, Casino Dividends and the Fate of the Indian Family

44 Pages Posted: 10 Oct 2009  

Marcia Anne Yablon-Zug

University of South Carolina School of Law

Date Written: October 8, 2009

Abstract

Casino dividends have created significant wealth for many Indian tribes and have greatly improved the lives of their members. However, these benefits do not come without a price. Other scholars have noted the negative effects of gaming on tribal membership, culture, and identity but, there has been virtually no discussion regarding how casino gaming may hurt the Indian family. A recent case from the Florida Court of Appeals vividly illustrates how casino dividends can be used in ways that harm Indian families. In Cypress v. Jumper, the Florida court completely relieved an Indian father of any and all financial obligation to his children due to his children’s receipt of tribal casino dividends. In this article, I explore both the basis for, and ramifications of, this decision. I conclude that the court’s decision is not supported by previous case law permitting the consideration of children’s income but rather, is the result of the parties’ Indian ethnicity and the historic and continuing negative perceptions regarding Indian parents. I then explore the importance of child support and demonstrate that the benefits of paying child support are not simply monetary, but are also emotional and psychological. These additional benefits are especially important for Indian children who, given the centuries long assault on the Indian family, are more likely to experience family break down and the emotional and psychological effects of such breakdown than non-Indian children. Consequently, I argue that the Cypress decision creates a dangerous precedent that if followed, will allow Indian gaming to significantly harm Indian families.

Keywords: Indians, Native Americans, Family, Child Support, Casino, Gaming

Suggested Citation

Yablon-Zug, Marcia Anne, Dangerous Gamble: Child Support, Casino Dividends and the Fate of the Indian Family (October 8, 2009). William Mitchell Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1485644

Marcia Anne Yablon-Zug (Contact Author)

University of South Carolina School of Law ( email )

Main & Greene Streets
Columbia, SC 29208
United States

Paper statistics

Downloads
76
Rank
267,218
Abstract Views
779