Do Parents Have to Pay the Debt of a Child Who Was Tricked Into a Modeling Contract?

Full question:

My son, wife and I are on a student checking account. The account was opened in California but the offense happened in North Carolina. My son deposited a check and the bank put a 1 day hold on the check. The next day he took the money out and sent it Western Union in a scam to become model. The check came back insufficient funds. This was all done without my wife nor my knowledge. My son did all this and he is a minor. My wife and I do not use this account, it was for my son for while he was at college and we needed to put money in his account. Do we have to pay for this transactions.

• Category: Minors
• Date: 04/07/2025
• State: North Carolina

Answer:

In most states, the age of majority is 18. It is generally held that a minor does not have the capacity to enter into a binding contract except for "necessites". Until the age of majority, a minor has the power to disaffirm a contract in many cases. However, the minor is the only party having power to disaffirm a contract.

NC statutes limit a minor’s right to disaffirm certain talent-related contracts. Please see the following NC statutes to determine applicability:

§ 48A-18. Disaffirmance of talent agency contracts.
A minor cannot disaffirm a contract, otherwise valid, entered into during minority, either during the actual minority of the minor entering into the contract or at any time thereafter, with a talent agency as defined in G.S. 48A-15, to secure engagements to render artistic or creative services in motion pictures, television, the production of phonograph records, the legitimate or living stage, or otherwise in the entertainment field including, but without being limited to, services as an actor, actress, dancer, musician, comedian, singer, or other performer or entertainer, or as a writer, director, producer, production executive, choreographer, composer, conductor, or designer, where the contract has been approved by the superior court of the county where such minor resides or is employed. This approval may be given by the superior court on the petition of either party to the contract after reasonable notice to the other party thereto as may be fixed by said court, with opportunity to the other party to appear and be heard.
§ 48A-11. Applicability.
This Article applies to any of the following contracts entered into between an unemancipated minor and any third party or parties:
(1) A contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation or loan-out company. As used in this Article, the term "artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt person, voice-over artist, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
(2) A contract pursuant to which a person agrees to purchase, or otherwise secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic properties, or use of a person's likeness, voice recording, performance, or story of or incidents in his or her life, either tangible or intangible, or any rights therein for use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field.
(3) A contract pursuant to which a person is employed or agrees to render services as a participant or player in a sport.
(4) Where a minor renders services as an extra, background performer, or in a similar capacity, through an agency or service that provides one or more performers for a fee, such as a casting agency, the agency or service shall be considered the minor's employer for the purposes of this Article.
§ 48A-12. No disaffirmance if approved by superior court.
(a) A contract, otherwise valid, of a type described in G.S. 48A-11, entered into during minority, cannot be disaffirmed on that ground either during the minority of the person entering into the contract, or at any time thereafter, if the contract has been approved by the superior court in any county in which the minor resides or is employed or in which any party to the contract has its principal office in this State for the transaction of business.
(b) Approval of the court may be given on petition of any party to the contract, after reasonable notice to all other parties to the contract as is fixed by the court, with opportunity to the other parties to appear and be heard.
(c) Approval of the court given under this section extends to the whole of the contract and all of its terms and provisions, including, but not limited to, any optional or conditional provisions contained in the contract for extension, prolongation, or termination of the term of the contract.
(d) For the purposes of any proceeding under this Article, a parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor at the time of the proceeding shall be considered the minor's guardian ad litem for the proceeding, unless the court shall determine that appointment of a different individual as guardian ad litem is required in the best interests of the minor.