When most people think about support orders being made under the Family Law Act they probably think about spousal or child support being awarded following the breakdown of a relationship. But did you know a little used section of the Family Law Act can result in adult children being required to pay support to their parents? Yes, you read that correctly. An adult child can have a legal obligation under the Family Law Act to pay support to their parents.
Section 32 of the Family Law Act states:
“Every child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so.”
In L.F.D. v. X, 2016 ONCJ 878, the court notes that cases dealing with section 32 of the Family Law Act are relatively rare, as the circumstances which gave rise to the enactment of the original law are no longer as prevalent. The court notes the precursor to section 32 of the Family Law Act was originally enacted following the First World War in part to address a difficult economic reality for the elderly in which private and public pensions were not common, with the provisions which now form section 32 having been originally enacted as the “Parents’ Maintenance Act” in 1921.
Although the economic climate which originally gave rise to the need for a law providing requiring adult children to support their parents may have changed since 1921, this does not mean the relief is no longer available, for although infrequently used section 32 of the Family Law Act remains in force and can result in support orders being made in favour of a parent. Examples where the court has awarded support under section 32 of the Family Law Act include Stravino v. Buttinelli, 2018 ONSC 1041, where two adult children were each required to pay their father $350 per month in support, and Godwin v. Bolsco, 1993 CanLII 9312, where four adult children were required to collectively pay their mother $1,000 per month on an interim basis.
The wording of section 32 of the Family Law Act is fairly broad, noting the only requirements are that the parent historically provided support for the child, and that the adult child is capable of providing support. As a result support can be ordered even in circumstances where the adult child is estranged from their parent, such as Dragulin v. Dragulin, 1998 CanLII 19365, where an adult child who had recently won the lottery was required to pay their father support notwithstanding they were estranged and the daughter alleged a history of verbal abuse during an unhappy childhood. The court found the father had financially supported the daughter when she was a child, and as she now had access to lottery winnings she was capable of supporting her father such that the support order was justified.
Thank you for reading.