Financial Responsibility

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

• Parents 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 minors possession

8
Childrens 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