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Financial Responsibility & Control – Contracts, Torts & Property; Child Support

Financial Responsibility & Control – Contracts, Torts & Property; Child Support. Coun 150 – Laws Relating to Children Richard M. Cartier Class 11 – Pages 366-416. Child Support. Then and now . . . How it used to be How it is supposed to be

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Financial Responsibility & Control – Contracts, Torts & Property; Child Support

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  1. Financial Responsibility & Control – Contracts, Torts & Property; Child Support Coun 150 – Laws Relating to Children Richard M. Cartier Class 11 – Pages 366-416

  2. Child Support • Then and now . . . • How it used to be • How it is supposed to be • The more things change, the more they stay the same

  3. Child Support in Calaifornia • Parent’s incomes • Actual earnings vs. ability to earn + • Earnings of minor child living with the parent • Time share • Stepparent liability • During the marriage • After separation

  4. Child Support -- Questions • Should a man have to support a child that is not his? • Should child support be used to equalize the economic inequality between spouses generally? • Why is the child support collection rate so low?

  5. Parental Rights over Children • Right to control income • Special provisions for court approved contracts – sports, entertainment, etc • No right to control property • Daddy gets run over by a train. . . Leaving insurance benefits to his minor child. What happens? / Parental rights cease upon emancipation – pp. 385-87

  6. Contracts • Offer, Acceptance, Consideration + Capacity • Minority is generally a defense UNLESS • For necessaries of life • Court approved • Ratification • Disaffirmance. Then what? See p. 388 • How do adults protect themselves from kids?

  7. Three flavors of contracts • Valid / enforceable • Necdessaires of life • Court approved • Voidable • Void • Concerning real property (real estate) • Regarding property not in minor’s possession

  8. Children’s Property--tools • Trusts • Uniform Transfer to Minors Act • Uniform Gift to Minors Act

  9. Torts • Twisted behavior • A civil wrong other than breach of contract • Intentional torts • Negligence: duty, breach of duty, causation, and damages; “breach of a duty of due care” • Strict liability

  10. Parental Liability • Vicarious liability – without regard to parents actual fault • Independent liability – requires a showing of parental fault

  11. Odds & Ends • Loss of consortium • Wrongful death • Wrongful life (wrongful birth) / immunity / releases / statute of limitations

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