"Duty to support"

[BART]

What does that mean, exactly. For instance, kid is 19, living with 'Mom', does 'Mom' have a "duty to support"? Or, boyfriend is living with girlfriend who has two kids, not his, does he have this "duty"? Any lawyers, paralegals or such on here? Thanks.

There are a couple of other forums I belong to that might give me an answer, but I felt most comfortable asking here. Thanks again for any responses.

[DebraDownSouth]

Not either lawyer or paralegal, but for children over 18, no legal responsibility to support in any state I am aware of unless the child has been declared incompetent and the parent guardian. Even that can be dissolved. With the gf issue, depends on state, oral agreement laws etc. If you are willing to disclose anything but such wildly different issues, no one can even begin to actually help but if you are in a situation of someone trying to force you to financially support or are seeking their support, my biggest suggestion is== lawyer-up. You'll need it.

[dcmclcm4]

Perhaps also if a child is disabled and unable to take care of himself/herself. The boyfriend should also not have any legal responsibility unless he adopts them. Although if someone is living with a girlfriend and taking care of her or buying her things why would you not also want to take care of her children or buy them things. The girlfriend needs to legally make sure the father is paying his fair share of support for the kid(s). Easier said then done in some situations especially with so many people being unemployed!

Jennifer

[krunzer]

I don't know about the US but in Canada if you have been living with someone for more than 6 months to 1 year (in some provinces) then you are considered Commonlaw and if something happened and one person moved out they are (I believe) legally entitled to 'spousal support' something like alimony. Mind you most people have common sense and don't do this, well if you have a concience you don't. I hope you are not in any legal problems and if you are that you can find some good advice.

[BART]

Thanks for the responses. it is a not a personal thing, it is a work thing. My B and I are both Happy and healthy
I just have this new Form to deal with and the instructions from the state say "duty to support". The question is, who is that, really? If kid is over 18 but still living with mom, does she have this 'duty' under the law? Or if dude is living with his girlfriend and her 3 kids…..not his....?

[DebraDownSouth]

All but 11 states that ever had common law marriages got rid of them. Even those with them predominately do not count time as the factor but proven stated intent. While there are oral or written commitments to support still held up, living together is no longer considered a marriage or legally binding. I can't imagine any of them involve the children not belonging to the person any more than in married couples.

That said, really, the person feels the gf is trying to financially use him, or she feels like he made promises and is now hanging her and her kids out to dry, the relationship is pretty much in the trash. Get lawyers, work it out and move on to healthier relationships.

[listeme]

Massachusetts can (and often does) require child support through college graduation or age 23. Really.

Virginia is through age 18, although there are exceptions for things like disability. Those are the states I have personal knowledge of. I am not a lawyer.

@DebraDownSouth:

Not either lawyer or paralegal, but for children over 18, no legal responsibility to support in any state I am aware of unless the child has been declared incompetent and the parent guardian. Even that can be dissolved. With the gf issue, depends on state, oral agreement laws etc. If you are willing to disclose anything but such wildly different issues, no one can even begin to actually help but if you are in a situation of someone trying to force you to financially support or are seeking their support, my biggest suggestion is== lawyer-up. You'll need it.

[BART]

Perhaps I should be more clear…this is not about me, it's about work. We have this new form that we have to fill out that asks about "persons living in the household that YOU have a duty to support". So..do you have a duty to support your 27 year old son? your nephew? Your girlfriends children? Legally, do you have a "duty to support" anyone other than minor children that are biologically yours? Living in the household, of course.

BTW: I hate these new forms, it comes from the state and just goes to show how much they have no clue about local stuff.