Taking care of parents is considered a moral responsibility in many cultures and regions, but not all have legal laws to enforce it. However, America is among the few countries with legal laws that ensure children care for their parents under filial responsibility laws. Let’s explore 15 states that mandate adult children to provide for their parents under this law.
Alaska
Alaska has filial responsibility laws, but they aren’t applicable to children alone. According to the Alaska Statutes Sec. 25.20.030, parents and children are responsible for taking care of each other when any one of the concerned is poor and cannot work to maintain them.
Arkansas
The AR Code § 20-47-106 highlights the ‘liability for support’ applicable to the state citizens. This clause primarily makes adult children responsible for bearing the expenses of their parent’s mental health services. If your parents aren’t covered by any insurance, policy, or source of payment, you may be asked to cover the expenses to the extent you’re able to pay. Parents who cannot pay for their mental health treatment are legally protected under this clause.
California
California follows the CA Fam Code § 4400 (2018), which lists rules around providing ‘support for parents.’ If parents residing in California cannot maintain themselves by work, they can ask their adult children to support them under this law. However, the applicability of this law is valid only unless ‘otherwise provided by law.’
Connecticut
Connecticut has a stringent filial law that many adult children fear. The state mandates individuals to provide reasonably necessary support to parents under its ‘Relatives Obliged to Furnish Support’ clause. You can find more details about this law by referring to CT Gen Stat § 46b-215 (2015). Failure to comply with this filial law can lead to imprisonment of up to one year unless otherwise proven.
Delaware
Residents of this state must legally abide by the ‘Duty to Support a Poor Person’ law. According to the Delaware Statute Title 13 Chapter 5 § 503, the duty to support a person unable to support themselves financially or in other capacity falls upon the person’s spouse, parents, or children, in the specified order. It is a relaxing law for adult children since the liability to support doesn’t directly fall on them.
Georgia
The GA Code § 36-12-3 (2020) talks about the state law regarding supervision and support of paupers. It highlights that a pauper’s father, mother, or child must provide the necessary support. Failure to abide by this law will prompt the government to pursue repayment accordingly.
Idaho
This state follows the Idaho Statute Title 32 § 32-1002, which highlights the duties of reciprocal support by parent and child. According to state law, if an individual is poor, their father, mother, and children are legally responsible for maintaining them. The only relaxation in this law is it enables people to assist to the extent of their ability. Refusal to follow this law will allow county commissioners to file a civil suit against offenders to recover any amount spent on aid provided under indigent laws.
Indiana
IN Code § 31-16-17-1 (2017) mandates every Indiana citizen to abide by the duty to furnish support for parents. If a child’s parent(s) provided them with the necessities like food, shelter, education, etc., till they reached 16 years of age, then they’re liable to support the parent(s) if they’re financially incapable of meeting their needs. This law applies to children who are economically able because of the parent(s) property, income, or earnings.
Iowa
Iowa has a somewhat linear filial law discussed in the IA Code § 252.2 (2014) under the chapter ‘Support for the Poor.’ According to this law, a poor individual who cannot maintain themselves through their earning or paid work must be supported by their parents and children. The best part of this law is that the support can be given ‘jointly or severally.’
Kentucky
Kentucky’s KY Rev Stat § 530.050 (2015) covers basic non-support and flagrant non-support. The basic non-support mandates adult children to provide reasonable support to their indigent parents. Refusal to follow this law will attract a penalty of misdemeanor. It can increase to seven days or even a minimum of thirty days for repeated offenses. 18+ children must help parents who are destitute and cannot support themselves.
Louisiana
Louisiana is one of the few states that mandate children and grandchildren of a person in need to provide alimony, provided they earn sufficient income. The LA Rev Stat § 13:4731 details how children and grandchildren are legally mandated to give financial support to cover the individual’s basic life necessities, like shelter, food, medicine, etc.
Massachusetts
Adult children who are financially able in Massachusetts must support their parents within reasonable capacities. According to MA Gen L ch 273 § 20 children above 18 have to support their parents. Children refusing to follow this law will face fines/penalties from authorities and even one-year imprisonment.
Mississippi
The state law highlighted in MS Code § 43-31-25 (2018) requires relatives of a pauper who is unable to earn enough to support themselves to seek support from their relatives. Instead of covering adult children alone, this law includes the individual’s relatives like grandparents, parents, siblings, and descendants to provide financial support. Failure to abide by this law will attract a $150 fine from the county, for each month the relative was in a home. The individual’s children and grandchildren can also be sued for refusing to provide support.
Montana
Montana maintains a reciprocal law where parents and children of an individual unable to sustain themselves through earned income via paid work can seek support. The MT Code § 40-6-214 legally binds the parents and children of concerned individuals to provide support within their extent. Providing for necessities is a must and cannot be escaped.
Nevada
Nevada has a relaxed filial law because it requires adult children to support their parents under specific conditions. For instance, the NRS 428.070 highlight that parent can receive support from their adult children if they had a written agreement agreeing for giving support. Additionally, children are legally required to support their parents if they have control and access over their parent(s) assets. The absence of agreement doesn’t make children liable for offering support, even if they’re financially able.
