He was a dead beat and we never spoke. He only paid child support when he felt like it. I live in new york and haven’t been with him since I was a minor. I recently got a call saying I was financially responsible for him. How can that be if he never cared for me? What is this Filial law?
Who told you this nonsense? It sounds very much like a scam of some sort.
What is Filial Responsibility Law?
Filial responsibility laws exist in some states, including New York, and they require adult children to support their indigent parents if the parents cannot afford basic necessities like food, shelter, or medical care. However, enforcement of these laws varies widely.
Does This Apply in New York?
Yes, New York does have a filial responsibility law. However, these laws are rarely enforced, and there are often exceptions or defenses you can use. For instance:
******* If the parent abandoned or neglected the child (as you experienced), that could potentially be a defense. *******
If you’re not financially able to contribute to their care, you may also have grounds to challenge the claim.
How Did You Get Involved?
Typically, these situations arise when a nursing home, hospital, or government agency tries to recover costs of care for an indigent parent. They may reach out to the children to determine if they are legally obligated to help. Just getting a call doesn’t mean you are automatically liable.
What Should You Do Now?
Contact an attorney: You need someone familiar with New York filial responsibility laws to assess your specific situation. Many attorneys offer free consultations.
Document your history: Write down everything about your father’s abandonment, neglect, or lack of financial and emotional support. This may help you build a defense.
Don’t ignore it: While these laws are rarely enforced, ignoring any notices could make things worse. Acting now will give you the best chance to resolve this without undue stress.
Resources to Help You:
If you can’t afford an attorney, look into legal aid services in New York.
You can also consult with the state’s social services department to understand what’s being asked of you and explore if Medicaid or other programs can assist with his care.
I hope this helps give you some clarity and direction. No one should feel blindsided like this, especially when there's such a difficult history involved.
Nothing here is going to get worse.
You are giving VERY BAD ADVICE here and it is likely to scare this OP for absolutely NO REASON whatsoever.
New York State got rid of the LAST of it's Filial Laws in 1966, many decades ago.
Moreover, Filial laws, even when and where they exist are no enforced except in very very rare instances when someone has quite a lot of wealth under their belts.
We see scammers coming here all the time with this Filial Responsibility NONSENSE. Please stop.
A big one is PA I know PA nursing homes use them to get judgments on families. PA is not the norm though.
Regardless: No, you are not responsible. Filial laws are archaic and it seems they are not applied even if they are still on the books.
Block whoever called you and go to bed with a clear conscience.
You're in New York and Lealonnie is right in the comments. NY doesn't even have filial laws so you're good. You don't have to do anything.
You are not responsible for your father, either his care or his debts.
Feel free to continue to ignore the man and any calls about him
Filial laws are not enforced.
Do your research online to reassure yourself of this fact.
We get a lot of conspiracy things posted on AC all the time.
The two most common?
1. Hospice wants to kill you
2. Filial laws are a thing and will be enforced.
Neither is true. Hang up on this caller.