# Delaware — Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care

For Delaware, statute is § 503; who owes the duty is the duty to support a poor person unable to support the poor person’s own self rests upon the spouse, parents, or children, in that order; condition on the parent is a poor person unable to support the poor person’s own self; ability-to-pay qualifier is 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; civil or criminal is civil, recorded from its source on 2026-08-31.

- **State:** Delaware _(our reading, not quoted from the source)_
- **Statute:** § 503 _(verified: appears in the quote below)_
- **Who owes the duty:** the duty to support a poor person unable to support the poor person’s own self rests upon the spouse, parents, or children, in that order _(verified: appears in its own passage below)_
- **Condition on the parent:** a poor person unable to support the poor person’s own self _(verified: appears in its own passage below)_
- **Ability-to-pay qualifier:** 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. _(verified: appears in its own passage below)_
- **Civil or criminal:** civil _(our reading, not quoted from the source)_
- **Who may bring the action:** The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter. _(verified: appears in its own passage below)_
- **Defences in the statute:** No person shall be required to support another while there is just cause for failing or refusing to do so. _(verified: appears in its own passage below)_
- **Limited to public assistance cases:** not stated _(our reading, not quoted from the source)_

## What the source says

> § 503. Duty to support a poor person. Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person’s own self 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Who owes the duty

> § 503. Duty to support a poor person. Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person’s own self rests upon the spouse, parents, or children, in that order, subject to § 504 of this title as to expenses described therein.

### Condition on the parent

> § 503. Duty to support a poor person. Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person’s own self rests upon the spouse, parents, or children, in that order

### Ability-to-pay qualifier

> the duty to support a poor person unable to support the poor person’s own self 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.

### Civil or criminal

> § 507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction. (a) The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter.

### Who may bring the action

> § 507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction. (a) The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter.

### Defences in the statute

> § 506. Failure to support for just cause. No person shall be required to support another while there is just cause for failing or refusing to do so.

### Limited to public assistance cases

> § 503. Duty to support a poor person. Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person’s own self 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.

## Source

- https://delcode.delaware.gov/title13/c005/sc01/index.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care](https://referencesource.org/filial-responsibility-laws-by-state/).