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

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

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

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

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?

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

Minor is at least 14 years of age Minor lives apart from parents or guardians with acquiescence or consent Minor is managing his or her own financial affairs Minor’s income is not derived from any illegal activity See California Family Code §§ Emancipation

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

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

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

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

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