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2019 Wis. L. Rev. 325 (2019)
Freedom of Disposition v. Duty of Support: What's a Child Worth

handle is hein.journals/wlr2019 and id is 333 raw text is: FREEDOM OF DISPOSITION V. DUTY OF SUPPORT: WIIAT'S A CHILD WORTH? PHYLLIS C. TAITE* Introduction .................................................................... 325 I. A Tale of Two Legal Systems ................. .... 327 A. Civil Law and Common Law Legal Systems ............... 327 B. Collectivism v. Individualism: Which Is Better? ........... 328 II. Lifetime Financial Responsibility: Parental Financial Support .................................... 329 III. Death Time Financial Responsibility ................. 331 A. Intestate Estates ......................... 331 B. Testate Estates-Civil Law ..................... 331 1. Spain-Restrictive...................... 332 2. Louisiana-Moderate .................. 333 3. British Columbia-Least Restrictive ...... ...... 335 C. Testate Estates-Common Law Jurisdictions .... ..... 337 1. New Zealand-Most Restraint ................ 337 2. Canada-Moderate Restraint ................. 338 3. United Kingdom-Least Restraint ..... ........339 IV. Elective Share-A Model for Protecting Children .............. 340 V. Proposal .................................... 342 A. Forced Shares for Minor Children.... ........... 343 B. Adult Children Financial Support. ................. 344 C. Disinherit for Cause ............................ 345 Conclusion ................................. ..... 347 INTRODUCTION Mandating financial responsibility for the care of children during one's lifetime is without question. Child support laws have been implemented in every state in America based on the inherent duty to financially support dependent children. Some laws even extend that * Phyllis C. Taite is a Professor of Law, Florida Agricultural & Mechanical University College of Law. She received her J.D. from Florida State University College of Law and her LL.M. in Taxation from the University of Florida Levin College of Law. Special thanks to the 2018 Annual Wisconsin Law Review Symposium Wills, Trusts and Estates Meets Gender, Race and Class hosted by Wisconsin Law Review and co-sponsored by Oklahoma City University School of Law, the Center for European Studies, the Wisconsin Experience Grant, the State Bar of Wisconsin, the University Lectures Knapp Fund, and the University of Wisconsin Law School. Also, I thank the participants of the Lutie Lytle Black Women Law Faculty Writing Workshop for allowing me to present my ideas.

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