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Financial Responsibility & Control: Navigating Contracts, Torts, and Property Laws

Explore the evolution of child support from past to present in California, including parent's incomes, minor child earnings, stepparent liability, and more. Delve into crucial questions regarding child support equality and collection rates. Understand parental rights over children, including controlling income, special contract provisions, and property rights. Learn about contracts, minors' capacity, disaffirmance, and protecting adults from kids' contracts. Discover children's property laws, trusts, and torts like negligence and parental liability.

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Financial Responsibility & Control: Navigating Contracts, Torts, and Property Laws

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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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