If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Orange, California Instruction to Jury in a Paternity Case: Amount of Support is not a Question for the Jury In a paternity case, the Orange, California Instruction to Jury clarifies that the determination of the amount of child support is not within the purview of the jury. Generally, this instruction is provided to inform the jury of their limited role in the case and to emphasize that their primary focus is to determine the issue of paternity itself. This instruction underscores that while the jury may be responsible for deciding whether the alleged father is indeed the biological parent, they are not tasked with setting or calculating the specific amount of child support. The decision regarding child support is typically determined by specific statutory guidelines, and the jury's responsibility lies solely in determining the alleged father's paternity. By instructing the jury that the amount of support is not a question for them, the court ensures that the correct legal framework is followed when determining the financial obligations of the alleged father towards the child. This instruction helps maintain a fair and consistent approach across different cases, preventing potential biases or inconsistencies in awarding child support. Types of Orange, California Instruction to Jury in a Paternity Case: 1. Orange, California Instruction to Jury in a Paternity Case: Amount of Support is Determined by Statutory Guidelines — This instruction informs the jury that the determination of child support amount is guided by specific laws and guidelines established by the state of California. The jury is instructed to consider only the issue of paternity within the given framework. 2. Orange, California Instruction to Jury in a Paternity Case: Responsibilities of the Jury Limited to Paternity Determination — This instruction outlines the exclusive jurisdiction of the jury, emphasizing that their primary duty is to ascertain whether the alleged father is indeed the biological parent. It reiterates that the jury should not be involved in determining the financial aspects of child support. 3. Orange, California Instruction to Jury in a Paternity Case: Factors Considered in Child Support Calculation — While not directly related to the original instruction, this type of instruction may provide the jury with an overview of the factors considered when calculating child support in California. This instruction ensures that the jurors have background knowledge of the relevant factors even though they themselves are not responsible for calculating the actual amount of support. These variations of the Orange, California Instruction to Jury in a Paternity Case aim to ensure clarity and uniformity in the paternity proceedings while emphasizing the distinct roles of the jury and the court when determining child support obligations.
