Divorce and the Black Family

By Leland C. Abraham, Esq.

Divorce among couples in the U.S. has seen a steady rise in the past two decades. There has also been an increase in the number of individuals raised in single-parent households. This “epidemic” of divorce has especially affected the black family. Over the last thirty (30) years, the foundation of the black family has seen a significant change. In that time span, the proportion of black couples who have divorced has increased and the proportion of black couples who have married has declined.

At the current rate, two-thirds (2/3) of all black marriages will end in divorce, and two-thirds (2/3) of black children will experience the dissolution of their parents’ marriage before they reach the age of sixteen (16). Because the divorce rates are so high, it behooves young couples to know a few things about divorce laws in order to protect themselves if, and when, divorce appears to be their only option.

Most states are “no-fault” states. This means that a court of law, considering the merits of a divorce, will not consider certain “amoral” acts when deciding on the divorce. For example, Missouri is a no-fault state. In the Associate Circuit Division that considers the merits of a divorce, adultery will rarely be considered when dividing the assets or deciding who gets custody of the children.

Most courts seek to establish a “fair and equitable” distribution of the assets and debts. Courts have put this standard in place so that participants of the divorce will not be “taken to the cleaners.” In times past, the primary income earner would be required to pay alimony (monthly payments to the non-primary income earner) in addition to child support. Today, in no-fault states, if a court does award a spouse alimony (today referred to as “maintenance”) it will be a temporary order. It will only buy the receiving spouse some time to find employment and provide for his/her own welfare. Generally, Courts will not tack-on, or add, child support to the figure arrived for maintenance. Maintenance will always be for the welfare of the spouse and will not include the needs of the child. However, there is a separate action that will provide for the needs of the child. This is often accomplished with a petition for child support. In Missouri, child support is determined by State Form 14, which includes the income of both parents and the expenses of the child that are not covered by insurance.

Most men of my generation have a concern that child support is not always spent for the welfare of the child. Unfortunately, there is no legal “soothing” for their concern as there is no court order which dictates how child support has to be spent. Often times, the custodial parent, or the parent who is receiving child support, spends the monthly child support on bills or other expenses that may not provide a benefit “directly” to the child. This does not break the law in anyway as there is usually no stipulation within a child support order that directs how the money is to be spent.

The child support orders are usually in effect until there is a changed circumstance. This may occur if the spouse who receives child support gets a higher paying job. Generally, if the paying spouse loses his or her job, there will not be an amendment to the child support order. This means that if the child support amount was determined with an estimated yearly income of $80,000 and the spouse now only makes $60,000, that spouse will be responsible for child support as if he or she made $80,000. In the case of child support, the court looks after the “best interest” of the child. The court considers the standard of living that the child would have received had the parents not divorced and it tries to put the child in the financial situation that the child would have been in had the parents not been divorced. The court feels that the child should not have to suffer because the parents could not work out their differences.

Another way in which a child support order may be terminated is the emancipation of the child. This may occur when the child becomes eighteen (18) years old, if the child does not attend college. If the child does attend college, the support order will usually continue until the child either graduates or spends four years at the university, whichever comes first. Another way that a child may become emancipated is by becoming married. States vary on laws concerning the marriage of minors and emancipation age.

The unfortunate scenario for the black family is the divorce rate appears to increase as the years go by. In 1970, sixty-eight percent (68%) of black families had two parents in the home. This number dropped to fifty percent (50%) by 1990. This is an eighteen percent (18%) decrease in a twenty (20) year period compared to a six percent (6%) decrease in white families. Black husbands and wives are also more likely to separate. Some sixteen percent (16%) of black couples between the ages of eighteen (18) to forty-four (44) have separated versus some four percent (4%) of white couples. These divorce and separation rates persist and it appears that these rates are independent of education and parental marital status. Since the divorce and separation rates do not appear to stagnate, education concerning the structure of divorce is perhaps the next step for the black family. This article is one step in that direction.

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