INTRODUCTION: WHAT IS FILIAL RESPONSIBILITY
Under Virginia Code § 20-88, filial responsibility refers to the legal obligation of adult children with sufficient income to financially support their parents if the parents are in need and unable to provide for themselves. As explained, this obligation applies only to adult children who have sufficient income, and only after they have reasonably provided for their own immediate families.
GOVERNOR VETOS ATTEMPT TO REPEAL VIRGINIA FILIAL SUPPORT LAW
In 2022, Governor Glenn Youngkin vetoed the attempt to repeal the Virginia filial support law. He stated that the current filial responsibility laws support individuals who care for their elderly parents. Specifically, he argued that the laws protect elderly individuals when establishing a bankruptcy budget, and without the laws in place, it could prevent them from covering some of the expenses.
IMPLICATIONS FOR YOU
If a situation involving filial responsibility arises, there are several factors that can influence whether the laws apply. Following the explanation from the introduction, if there are multiple children of a parent who needs support, then the children, if over eighteen and have sufficient income, must jointly support the parent. The law does not apply if there is evidence that the parent previously deserted, neglected, abused, or willfully failed to support the child. If the parent is eligible to receive any public assistance or services from a government program the laws do not apply either. The penalty for failing or refusing to provide support is a fine of up to $500 or up to 12 months in jail, or both.
If you would like to discuss your options and you’re in Virginia, please call one of our offices at 804-325-1245 (Richmond) or 757-941-4298 (Williamsburg) to discuss how our attorneys can be of assistance.
SOURCES
Va. Code Ann. § 20-88
Special thanks to Law Clerk, Logan Benton, for editorial assistance in drafting this article.
Foster Consulting, Inc.
Dynamic Self-Syndication (DSS™)