AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS.

Plain English Breakdown

The official text cites H. v. V., 2018 Del. Fam. Ct. LEXIS 4, to explain existing case law but does not explicitly state that this bill creates new rules beyond clarifying the statute.

HB357: Updating Laws on Supporting People Who Cannot Support Themselves

This bill changes Delaware law by replacing the term 'poor person' with a clearer phrase and clarifies that parents must support adult children with disabilities who cannot care for themselves.

What This Bill Does

• Replaces the outdated word 'poor person' in state laws with the phrase 'a person unable to financially support oneself'.
• Clarifies that this duty includes supporting an adult child with a disability if they cannot support themselves.
• Updates Title 10 of the Delaware Code to match the new language used in Title 13 regarding family liability for support.

Who It Names or Affects

• Spouses, parents, and children who may be legally required to provide financial support under state law.
• Adult children with disabilities who are unable to financially support themselves.
• The Family Court in cases involving the duty of relatives to support others.

Terms To Know

Duty to support

A legal requirement for family members like spouses, parents, or children to provide money when another person cannot do so themselves.

Person unable to financially support oneself

The new official term used in the law instead of 'poor person' to describe someone who needs financial help from family members.

Limits and Unknowns

• The effective date for when this law begins is not listed in the source text.
• The bill does not specify how much money must be provided, only that relatives with means should contribute according to their ability.

Official Summary Text

AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS.
This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”. This language change is a technical change to conform existing law to the standards of the Delaware Legislative Drafting Manual.
In addition, this Act clarifies that § 503 of the Title 13, relating to the duty to support a person unable to financially support oneself (formerly “poor person”), includes the duty to a support an adult child with a disability that cannot support oneself. This duty is articulated in H. v. V., 2018 Del. Fam. Ct. LEXIS 4, where the Family Court found that a parent of a 22 year-old adult child diagnosed with severe autism was statutorily obligated to provide support to the adult child.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Ross Levin & Sen. Poore

Reps. Gorman, K. Johnson, Lambert; Sens. Hoffner, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 357

AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 503, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 503. Duty to support a

poor

person.

person unable to financially support oneself.

(a

) Except as expressly provided in §§ 501 and 502 of this title, the duty to support a

poor

person unable to

financially

support

the poor person’s own self

oneself

rests upon the spouse, parents, or children, in that order, subject to § 504 of this title as to expenses described therein. If the relation prior in order shall not be able, the next in order shall be liable, and several relations of the same order shall, if able, contribute according to their means.

(b) For purposes of this section, “a person unable to financially support oneself” includes an adult child with a disability that is unable to support oneself.

Section 2. Amend § 921, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 921. Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5]

The Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning:

(7) Liability of relatives to support a

poor

person under

§ 501

Chapter 5

of Title 13, and §§ 2830 and 2831 of Title 31;

SYNOPSIS

This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”. This language change is a technical change to conform existing law to the standards of the Delaware Legislative Drafting Manual.

In addition, this Act clarifies that § 503 of the Title 13, relating to the duty to support a person unable to financially support oneself (formerly “poor person”), includes the duty to a support an adult child with a disability that cannot support oneself. This duty is articulated in H. v. V., 2018 Del. Fam. Ct. LEXIS 4, where the Family Court found that a parent of a 22 year-old adult child diagnosed with severe autism was statutorily obligated to provide support to the adult child.