Full question:
My daughter got convicted of a crime and CYS send her away to a detention center for 80 days.She was over 18 and lives with her mother but are trying to get me to pay for cost of placement.Is that possible??
- Category: Minors
- Subcategory: Age of Majority
- Date:
- State: Pennsylvania
Answer:
If a person is 18 years or older they are considered an adult under Pennsylvania law. See 23 § 5101 of the Consolidated Statutes, Attainment of full age.If you are divorced and there was a support order it may provide what you have to pay in child support and when it stops.
Some of the laws in Pennsylvania regarding the duty of parents to support their child are below.
Under Title 23, Section 4321 of the Pennsylvania Consolidated Statutes there is a duty to support until a child is 18 years of age. However, Subsection (c) of this section stated "Parents may be liable for the support of their children who are 18 years of age or older. ". The Rules adopted in Pennsylvania as part of the Pennsylvania Code, in regard to enforcement of support provide that this subsection has been interpreted by the Pennsylvania Courts to included support over 18 when the child is under a "physical or mental disability". There may be other situations where this provision applies as well.
Section 4321 provides in relevant part as follows:
Section 4323 also provides there is no duty to support an emancipated child.§ 4321. Liability for support.
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.
(2) Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.
(2.1) ....
(3) Parents may be liable for the support of their children who are 18 years of age or older.
(Oct. 1, 2015, P.L.172, No.40, eff. 60 days)
In your case there could be case law dealing with your issue that were not found. You should consult a local attorney for assistance regarding this claim.§ 4323. Support of emancipated child.
(a) Emancipated child.--A court shall not order either or both parents to pay for the support of a child if the child is emancipated.
(b) Marital status of parents immaterial.--In making an order for the support of a child, no distinction shall be made because of the marital status of the parents.
References:
http://www.pacode.com/secure/data/231/chapter1910/chap1910toc.html
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
