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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This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”.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.