Necessitous circumstances refer to situations of extreme need or poverty where an individual lacks the basic necessities of life. This term encompasses not only physical needs essential for survival but also those necessary for a person's dignity and decency. In essence, it describes the condition of individuals who require support to meet their fundamental needs.
The term "necessitous circumstances" is often used in various legal contexts, particularly in family law, welfare law, and cases involving support obligations. It can arise in situations where individuals seek assistance or support from others, such as family members or government programs. Legal documents, such as petitions for support or maintenance, may reference this term to establish a claim for necessary assistance.
Here are a couple of examples of abatement:
Example 1: A single parent who has lost their job and is unable to afford food and shelter may be considered to be in necessitous circumstances, making them eligible for public assistance programs.
Example 2: An elderly person with no family support who cannot afford medical care or basic living expenses may also qualify as being in necessitous circumstances. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Definition/Criteria |
|---|---|
| California | Defines necessitous circumstances broadly, including emotional and psychological needs. |
| Texas | Focuses primarily on physical needs and basic survival necessities. |
| New York | Includes social support needs in its definition of necessitous circumstances. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Extreme Need | A state of severe lack of basic necessities. | Focuses solely on physical needs without considering individual dignity. |
| Support Obligations | Legal responsibilities to provide assistance. | Specifically relates to legal duties rather than personal circumstances. |
If you find yourself in necessitous circumstances, consider the following steps:
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| Attribute | Details |
|---|---|
| Definition | Situations of extreme need or poverty. |
| Legal Areas | Family law, welfare law. |
| Support Options | Government assistance, family support. |
Qualifying circumstances include extreme poverty and the inability to meet basic needs such as food, shelter, and medical care.