Except as otherwise provided by law, an adult child shall, to the extent of the adult child’s ability, support a parent who is in need and unable to self-maintain by work.
Support of ParentsGeneral Provisions
Section § 4400
This law says that if you're an adult and your parent can't take care of themselves financially or through work, you must help support them if you can afford to do so.
adult child responsibility parent support obligation financial aid to parents
Section § 4401
If an adult child agrees to pay for essential items or services that were already provided to their parent, this promise is enforceable and must be honored.
The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.
adult child responsibility parental support binding promise
Section § 4402
This law means that the responsibility to provide support as outlined here is in addition to any other legal support obligations a person might have, rather than replacing them.
The duty of support under this part is cumulative and not in substitution for any other duty.
duty of support cumulative support duty additional support obligations
Section § 4403
Parents, or the county acting for them, can take legal action to make their children provide financial support. If the county has already given financial support to a parent, it can seek reimbursement and future support from the child just like the parent could. However, the county's ability to do this is limited by other existing state laws. Additionally, if the county takes this legal action, the court might make the child pay for the county's legal fees and court expenses.
(a)CA Family Law Code § 4403(a) Subject to subdivision (b):
(1)CA Family Law Code § 4403(a)(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)CA Family Law Code § 4403(a)(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)CA Family Law Code § 4403(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)CA Family Law Code § 4403(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.
duty of support parent-child support county reimbursement
Section § 4404
This law tells judges what to look at when deciding how much financial support one person has to give to another. They should think about each person's ability to earn money, what they need, their debts and assets, their age and health, and how they currently live. The judge can also consider any other fair and reasonable factors.
In determining the amount to be ordered for support, the court shall consider the following circumstances of each party:
(a)CA Family Law Code § 4404(a) Earning capacity and needs.
(b)CA Family Law Code § 4404(b) Obligations and assets.
(c)CA Family Law Code § 4404(c) Age and health.
(d)CA Family Law Code § 4404(d) Standard of living.
(e)CA Family Law Code § 4404(e) Other factors the court deems just and equitable.
support calculation earning capacity financial needs
