California Family Code Section 4410 deals with matters of an adult child filing a petition to be freed from the obligation to support their parent in an instance where abuse and abandonment are established. In order to successfully file for this type of petition, there are several requirements that must be found by the court. Here’s everything you need to know about Abandonment and Alimony: California Family Code Section 4410.
Abandonment and Alimony
In legal matters, the State of California criminalizes the conduct of a parent who willfully exposes a child to the likelihood of harm and suffering, or willfully withholds care, medical services, and food from a child without a lawful excuse. Alimony can be defined as support in a series of payments. Filial alimony is required by law in the State of California, whereby adult children financially support their parents if they are unable to take care of themselves or cover unpaid medical bills. This type of filial responsibility is required by thirty US states, including California.
Related: How to Calculate Spousal Support/Alimony in California
What Does Family Code Section 4410 Entail?
As already enforced by California state law, supporting and caring for a child is a mutual obligation between parents. If a child reaches adult age and decides they do not wish to have the obligation to support their parent based on abandonment and abuse, they may file for a petition to do so. Sections 4410 and 4411 of California Family Code law states that an adult child may file for relief from duty to their support parent if several factors are (1) alleged by the petitioner and (2) found by the court.
In what instances will the court file this type of petition?
In accordance with sections 4410 and 4411, the California Family Code states that the court may allow for a petition to be filed so long as:
- The child was abandoned by the parent when the child was a minor,
- The abandonment continued for a period of two or more years before the time the child attained the age of 18 years, and
- During the period of abandonment, the parent was physically and mentally able to provide support for the child.
Family Code 4410 also overlaps with California law related to crimes against public decency and good morals. Every able adult in the state of California is expected to provide necessary food, clothing, shelter, or medical attendance for their indigent parent. This is also similar to California state requirements for what is expected of a parent in caring for their child.
Related: How to Terminate Parental Rights in California
If the parent doesn’t reside in this state, where should the petition be filed?
It is carefully stated in California law that if the parent does not reside in this state, the petition shall be filed in the county where the adult child resides.
Contact Us
If you or a loved one have any more questions about abandonment and filial alimony, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!