Full question:
I am a seventy year old widower dependent on social security for my general and medical expenses. I have a forty year old son who is earning well. Am I entitled to any financial support from him?
- Category: Minors
- Subcategory: Support
- Date:
- State: California
Answer:
Yes. In California, an adult child has a duty to extend support to old parents who are unable to work and support themselves independently. This duty can be enforced against the child either by the parents themselves or by the county on behalf of the parents. The law is stated in Cal. Fam. Code § 4400 and Cal. Fam. Code § 4403 which reads :“Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.”
“(a) Subject to subdivision (b):
(1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under this part.
(2) If the county furnishes support to a parent, the county has the same right as the parent to whom the support was furnished to secure reimbursement and obtain continuing support.
(b) The right of the county to proceed on behalf of the parent or to obtain reimbursement is subject to any limitation otherwise imposed by the law of this state.
(c) The court may order the child to pay the county reasonable attorney's fees and court costs in a proceeding by the county under this section.”
“(a) Subject to subdivision (b):
(1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under this part.
(2) If the county furnishes support to a parent, the county has the same right as the parent to whom the support was furnished to secure reimbursement and obtain continuing support.
(b) The right of the county to proceed on behalf of the parent or to obtain reimbursement is subject to any limitation otherwise imposed by the law of this state.
(c) The court may order the child to pay the county reasonable attorney's fees and court costs in a proceeding by the county under this section.”
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.
