With the talk of retirement funds getting lost and wiped out, the baby boomers breaking the social security fund, and so many lost jobs pushing people to retire early... I stumbled upon these articles and looked up the suplimental laws associated with them
New York Times:
http://newoldage.blogs.nytimes.com/2008/11/20/unenforced-filial-responsibility-laws/?scp=1&sq=filial&st=cse
http://www.ncpa.org/pub/ba/ba521/
After reading through these two articles… I’m uber worried that I’m going to have to take care of my alcoholic mother financially in retirement… all because she didn’t abandon me before my 18th birthday. Apparently it won’t matter that she drank all the years I grew up when the court mandated that she remain sober… It won’t matter that let my abusive father stay in our lives until she finally got the backbone to get the divorce... It won't matter that she was never really a mother for me and I had to wait until I could support myself to get the hell out of there…
I’ll have to cover her butt because she didn't get rid of me… and FYI-- She has no retirement savings, owns her house (and the value is plummetting) and will rely entirely on Social Security...
And just so you know the articles above aren’t crazy… I looked up the actual California Family Code laws, the Penal code, and the California Welfare and Institution laws...
FAMILY.CODE SECTION
4400. Except as otherwise provided by law, an adult child shall, tothe extent of his or her ability, support a parent who is in needand unable to maintain himself or herself by work.
4401. The promise of an adult child to pay for necessariespreviously furnished to a parent described in Section 4400 isbinding.
4403. (a) Subject to subdivision (b): (1) A parent, or the county on behalf of the parent, may bring anaction against the child to enforce the duty of support under thispart. (2) If the county furnishes support to a parent, the county hasthe same right as the parent to whom the support was furnished tosecure reimbursement and obtain continuing support. (b) The right of the county to proceed on behalf of the parent orto obtain reimbursement is subject to any limitation otherwiseimposed by the law of this state. (c) The court may order the child to pay the county reasonableattorney's fees and court costs in a proceeding by the county underthis section.
4404. In determining the amount to be ordered for support, thecourt shall consider the following circumstances of each party: (a) Earning capacity and needs. (b) Obligations and assets. (c) Age and health. (d) Standard of living. (e) Other factors the court deems just and equitable.
4405. The court retains jurisdiction to modify or terminate anorder for support where justice requires.
4410. An adult child may file a petition in the county where aparent of the child resides requesting that the court make an orderfreeing the petitioner from the obligation otherwise imposed by lawto support the parent. If the parent does not reside in this state,the petition shall be filed in the county where the adult childresides.
4411. The court shall make the order requested pursuant to Section4410 only if the petition alleges and the court finds all of thefollowing: (a) The child was abandoned by the parent when the child was aminor. (b) The abandonment continued for a period of two or more yearsbefore the time the child attained the age of 18 years. (c) During the period of abandonment the parent was physically andmentally able to provide support for the child.
4414. (a) If, upon hearing, the court determines that therequirements of Section 4411 are satisfied, the court shall make anorder that the petitioner is relieved from the obligation otherwiseimposed by law to support the parent. (b) An order under this section also releases the petitioner withrespect to any state law under which a child is required to do any ofthe following: (1) Pay for the support, care, maintenance, and the like of aparent. (2) Reimburse the state or a local public agency for furnishingthe support, care, maintenance, or the like of a parent.
California penal Code
270c Except as provided in Chapter 2 (commencing with Section4410) of Part 4 of Division 9 of the Family Code, every adult childwho, having the ability so to do, fails to provide necessary food,clothing, shelter, or medical attendance for an indigent parent, isguilty of a misdemeanor.
WELFARE AND INSTITUTIONS CODE SECTION
12350. No relative shall be held legally liable to support or tocontribute to the support of any applicant for or recipient of aidunder this chapter. No relative shall be held liable to defray inwhole or in part the cost of any medical care or hospital care orother service rendered to the recipient pursuant to any provision ofthis code if he is an applicant for or a recipient of aid under thischapter at the time such medical care or hospital care or otherservice is rendered. Notwithstanding Sections 3910, 4400, and 4401 of the Family Code,or Section 270c of the Penal Code, or any other provision of thiscode, no demand shall be made upon any relative to support orcontribute toward the support of any applicant for or recipient ofaid under this chapter. No county or city and county or officer oremployee thereof shall threaten any such relative with any legalaction against him by or in behalf of the county or city and countyor with any penalty whatsoever.
Maybe I should look into legally disavowing a parent… I hear it can be done... but I can't find ANYTHING on it... stupid internet. I google and this post comes up... that's just weird...
But should the court try and get me to comply with this if i'm ever in the position where she needs a home, I would get a lawyer and claim her unfit motherhood and alcohol dependence... maybe there would be a loop hole there.
My sister can take care of that horrible woman... not me.
They'll never inforce that. Plus there is no federal law so you could always move to another state. :)
ReplyDeleteMy issue with that article is the fact that people are taking their assets and giving them to their children early to protect their inheritance. They should be selling everything and anything before they qualify for medicare. If a parent gives you your inhertience early than I could definitely see the courts saying yes you will pay some of the costs.
I really think that you shouldn't worry about this. As the first article states, these laws are not enforced. Your mother is entitled to whatever public assistance she qualifies for (social security, medicaid, etc.), but I imagine that enforcing family assistance would be a nightmare.
ReplyDeleteI towuld be nice if people had to support their parents (but of course I say this as someone who has a close-knit family), but I don't think it will ever truly be required. :-)
I'm in the same boat as you and also looking for a way to legally disown my drunk/druggie parents who haven't been in my life since I left home at 18.
ReplyDeleteIf you find some way, be sure to post it! :)