# New Jersey — Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care For New Jersey, statute is 44:1-140; who owes the duty is The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance; condition on the parent is a person who applies for and is eligible to receive public assistance; ability-to-pay qualifier is if of sufficient ability; civil or criminal is civil, recorded from its source on 2026-08-31. - **State:** New Jersey _(our reading, not quoted from the source)_ - **Statute:** 44:1-140 _(verified: appears in the quote below)_ - **Who owes the duty:** The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance _(verified: appears in its own passage below)_ - **Condition on the parent:** a person who applies for and is eligible to receive public assistance _(verified: appears in its own passage below)_ - **Ability-to-pay qualifier:** if of sufficient ability _(verified: appears in its own passage below)_ - **Civil or criminal:** civil _(our reading, not quoted from the source)_ - **Who may bring the action:** any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person _(verified: appears in its own passage below)_ - **Defences in the statute:** The provisions of this section shall not apply to any person 55 years of age or over except with regard to his or her spouse, or his or her natural or adopted child under the age of 18 years. _(verified: appears in its own passage below)_ - **Limited to public assistance cases:** public assistance only _(our reading, not quoted from the source)_ ## What the source says > 44:1-140. Relatives chargeable a. The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard, by any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person. ## 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 > 44:1-140. Relatives chargeable a. The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child ### Condition on the parent > the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child ### Ability-to-pay qualifier > shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard ### Civil or criminal > relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard, by any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person. ### Who may bring the action > in such manner as shall be ordered, after due notice and opportunity to be heard, by any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person. ### Defences in the statute > c. The provisions of this section shall not apply to any person 55 years of age or over except with regard to his or her spouse, or his or her natural or adopted child under the age of 18 years. ### Limited to public assistance cases > 44:1-140. Relatives chargeable a. The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard, by any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person. ## Source - https://law.justia.com/codes/new-jersey/title-44/section-44-1-140/ Last verified: 2026-08-31. Review by: 2027-08-31. 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