Are parents responsible for their adult child?
Verified 12 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Parents are responsible for their minor children. This responsibility stems from parental authority that they exercise over their child. What about when the child is of age?
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*Did you pay off your student loan for business school?
*I am struggling...
*But how are you going to do it?
*My parents will probably pay it back
*They agree?
*I did not ask them but they are obliged to pay my debts
Received idea?
Do parents have to pay off the debts of their adult child?
No, parents are not responsible for the debts of their adult child. The age of majority is set at 18 years. The child who has reached the age of majority is then responsible for the debts he or she incurs. He alone must assume his commitments. As such, he may be ordered by judgment to repay his debts. There is, however, one exception. When parents take the security of their adult child, such as renting an apartment or borrowing money, they can be sued as security to pay off their child's debts, even if they are of age. Apart from this exception, as soon as he reaches the age of majority, the young adult must think carefully about the scope of his commitments.
Parental authority shall be exercised until the child reaches the age of majority.
The majority shall be set at 18 years.
At the age of 18, the child can then exercise his or her rights (vote, do legal acts, conclude contracts...) and becomes responsible its actions and their consequences.
With the majority of their child, the parents cease to be responsible for their child. However, some obligations remain.
At the criminal level
The middle finger being responsible for its acts and its consequences, the parents have no obligation if their child commits a violation of the law while he's an adult. It is up to him to take responsibility for the pecuniary convictions (fines...) that he may be subject to.
It also pays compensation for the damage it causes to potential victims (material damage, damages).
If the middle finger has committed offenses when he was a minor and was deemed to have reached the age of majority, he must pay the fines (personal debts). For any damages, he is held jointly and severally liable with his parents. In this case, the civil party may ask the parents or the adult to pay them.
In case of debts
The adult who incurs debts (e.g. non-payment of rent, non-repayment of credit) must pay for it.
Parents who have bearings surety in the case of a contract (rental lease, credit) must reimburse the unpaid in case of non-payment by the adult. The security must be written, he doesn't presume.
Parents who have repaid the adult’s debts to the creditor may to bring proceedings before the court an application for reimbursement of those sums to their child.
FYI
In the event of death of the adult, the heir parents must repay the debts if they accept the succession.
Maintenance obligation
Parents have a maintenance obligation in respect of their adult child who is pitch financially self-sufficient.
The middle finger must justify not being able to support yourself. This is the case if he is pursuing an education, looking for a job, seeking training.
He may refer to the Family Court Judge a maintenance claim.
FYI
The emancipated minor is considered a major. He is responsible for his actions.
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