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Old 02-13-2010, 07:36 PM
Sigene Sigene is offline
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Legal responsibility of parents of 19 yr old?

I ran this topic by the moderators first and got the ok that it is appropriate for GQ.

I'm looking to find out how legally responsible parents are for 19 year olds who live at home. If they have an accident or are negligent in some way, are the parents legally and financially responsible? Does it matter if the 19 year old is a college student or not? Does full time, or part time student make a difference? Does it matter if the person is pretty much dependant on the parents for material support? Also if the 19 year old isn't insured and has major medical bills can they just declare bankrupcy without the parents becoming liable for medical bills? The state in question would be Wisconsin.
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  #2  
Old 02-13-2010, 07:42 PM
astro astro is offline
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18 is the date of adult hood throughout the US. The only exception is that in some states divorced parents CS responsibilities for education and support can extend to 21 (or beyond) if the kid is still in school.

Past 18 parents are not responsible for the actions of adult children unless it's something like drugs in the house or car where the asset may be seized, but this has noting to do with adult vs non-adult. That's just the law.

Last edited by astro; 02-13-2010 at 07:44 PM..
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Old 02-13-2010, 08:12 PM
Elendil's Heir Elendil's Heir is offline
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That is also the law in Ohio, AFAIK.
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Old 02-13-2010, 08:12 PM
Oakminster Oakminster is offline
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Originally Posted by astro View Post
18 is the date of adult hood throughout the US. The only exception is that in some states divorced parents CS responsibilities for education and support can extend to 21 (or beyond) if the kid is still in school.
That's not quite right. In Mississippi, 21 is the age of majority unless the minor is emancipated. Most landlords are very careful about this, and will require the minor be emancipated prior to renting apartments to them. Support is owed until the child turns 21 unless the child is emancipated by a court, gets married, or joins the military.
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Old 02-13-2010, 11:38 PM
astro astro is offline
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Originally Posted by Oakminster View Post
That's not quite right. In Mississippi, 21 is the age of majority unless the minor is emancipated. Most landlords are very careful about this, and will require the minor be emancipated prior to renting apartments to them. Support is owed until the child turns 21 unless the child is emancipated by a court, gets married, or joins the military.
A 20 year old is a minor child in Mississippi? Wow.
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Old 02-14-2010, 03:49 AM
Markxxx Markxxx is offline
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Here's a cool site with age of majority laws for the various states
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Old 02-14-2010, 12:30 PM
astro astro is offline
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Originally Posted by Oakminster View Post
That's not quite right. In Mississippi, 21 is the age of majority unless the minor is emancipated. Most landlords are very careful about this, and will require the minor be emancipated prior to renting apartments to them. Support is owed until the child turns 21 unless the child is emancipated by a court, gets married, or joins the military.
Are you sure? Based on this reading (link below) 18 year olds can contract in Mississippi, they just can't drink. The wording is odd. It seems to say that although you are being called a "minor" below 21 for the purposes of drinking, you can do pretty much any adult thing you want at 18 except drink.

Am I reading it right?

http://minors.uslegal.com/age-of-maj...-majority-law/
Quote:
Minors – Age of Majority – Mississippi
In addition to any act declared to be unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the holder of a permit authorizing the sale of beer or light wine at retail or for the employee of the holder of such a permit:

To sell, give or furnish any beer or light wine to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of twenty-one (21) years.

Title 67, Chap. 3, §67-3-53(b).

The age of eighteen (18) years shall be the age of majority of an executor, executrix, administrator or administratrix. In case letters testamentary or of administration shall be granted to any one under twenty-one (21) years, the bond executed by such person for the performance of the duties shall be as valid and binding as if such person were of full age.

Title 91, Chapter 7, § 91-7-37.

In this chapter (Trusts and Estates, Transfers to Minors):

“Adult” means an individual who has attained the age of twenty-one (21) years.

“Minor” means an individual who has not attained the age of twenty-one (21) years.

Title 91, Chapter 20, §91-20-3(a) and (k).

All persons eighteen (18) years of age or older, if not otherwise disqualified, or prohibited by law, shall have the capacity to enter into binding contractual relationships affecting personal property. Nothing in this section shall be construed to affect any contracts entered into prior to July 1, 1976.

In any legal action founded on a contract entered into by a person eighteen (18) years of age or older, the said person may sue in his own name as an adult and be sued in his own name as an adult and be served with process as an adult.

Title 93, Chapter 19, § 93-19-13.

Age of Majority
21 (§1-3-27

Emancipation
By petition, no minimum age specified (§93-19-3)

Contracts
18 for personal property; ratification must be signed in writing (§15-3-11)

Ability to Sue
18 to settle personal injury claims; married minor may file in marital matters; court appoints guardian ad litem (§11-21-3)
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  #8  
Old 02-14-2010, 12:51 PM
MitzeKatze MitzeKatze is offline
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Originally Posted by Oakminster View Post
...
Support is owed until the child turns 21 unless the child is emancipated by a court, gets married, or joins the military.
(Child) support is a completely different animal than being legally responsible for someone though. In some jurisdictions, child support can be continued through college (or payment for college as a form of child support) however those parents paying support would not be responsible for contracts entered into by their over-18-year-old "child" nor would they be in any way liable for that child's actions (with the exceptions of it falling under their own home-owners' or auto insurance etc.). At 18 the "child" is no longer bound to the parent and can do as they please, commit any crimes that they please, enter into and/or break any contracts they wish all without it being the parents' (legal) fault or responsibility to clean up or pay for.

Being legally responsible to support someone does not make one legally responsible in general for them or every person paying spousal support to an ex-spouse would then be legally responsible for them, wouldn't they?
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  #9  
Old 02-14-2010, 01:25 PM
Bearflag70 Bearflag70 is offline
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Adults are responsible for themselves. However, there are other ways parents can potentially get dragged into liability for their kids, such as being a titleholder on a car driven by your kid, co-signing on contracts, etc. Check your state law.
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  #10  
Old 02-14-2010, 07:59 PM
sisu sisu is offline
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At 16 in Australia a child has all of the rights that an Adult had except, voting, alcohol, car license etc.

If my child at 16 decides she/he wants to do something legally there is nothing I can do about it, as such I am not repsonsible for the outcomes unless I was involved somehow.

Fucking stupid IMO.
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Old 02-14-2010, 08:04 PM
CTburns CTburns is offline
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Originally Posted by Markxxx View Post
Here's a cool site with age of majority laws for the various states
I was clear until they mentioned "habitual drunkard!" LOL!
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Old 02-14-2010, 09:55 PM
Bearflag70 Bearflag70 is offline
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Originally Posted by Bearflag70 View Post
Adults are responsible for themselves. However, there are other ways parents can potentially get dragged into liability for their kids, such as being a titleholder on a car driven by your kid, co-signing on contracts, etc. Check your state law.

There may also be liability for known criminal activity at your house, aiding and abetting your kid's wrongs, and other theories of liability, negligent entrustment, etc. It really depends on the facts.

Generally speaking, though, adults are adults.

Last edited by Bearflag70; 02-14-2010 at 09:56 PM..
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  #13  
Old 02-14-2010, 10:10 PM
Markxxx Markxxx is offline
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Originally Posted by Bearflag70 View Post
There may also be liability for known criminal activity at your house, ...
I think this would be especially true of civil lawsuits. Though you may not be criminally held liable, if someone was murdered by your adult son, in your house, the victims parents may try to sue the home owner to collect on the home owners insurance or whatever.

It may not work but it'd be worth a shot.
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  #14  
Old 02-15-2010, 09:22 AM
Omar Little Omar Little is offline
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To answer the OP, put the meth lab in your 19 year old kid's name. This should protect you.
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