Are Parents Required to Support Their Adult Children?

Most Ontario parents are already aware that they have a legal obligation to financially support their children until the age of 18 (which is the age of majority in the province). This applies whether the parents are married, never-married, living together common-law, divorced, or separated.

But what many parents may not know, is that in some circumstances the obligation to support their child can continue beyond the age of 18 – and sometimes well beyond. Extended financial support for what we will call an “adult child” is subject to many nuanced legal tests and principles.

This article touches on some of those tests and factors, and will outline the legal principles guiding the determination of how long that financial support by parents should last.

Related: A Breakdown of Child Support Calculations and Modifications

Governing Legislation

Both the federal Divorce Act and the Ontario Family Law Act impose a basic duty on parents to support their children up to the age of majority. Once a child is over 18, however, those same statutes carve out exceptions that can keep that parental support obligation intact in specified circumstances.

Although the tests are worded slightly differently, they have a similar effect. Under the Divorce Act (which applies to married couples) parents continue to have support obligations towards a “child of the marriage” (as defined in s. 2(1)), which includes an adult child who is unable to withdraw from parental charge – in other words, a dependent child.

Similarly, under s. 31 of the Ontario Family Law Act, parents continue to have a duty to support any child who is in full-time enrollment in school, provided the parents continue to have some control over him or her.

With that said, simply meeting either of these legislative tests is not enough. Even if the facts show that one of the set thresholds have been met, the Family courts still have a broad discretion to decide whether to order support for an adult child, and in what amount. This includes deciding whether the child has a duty to contribute to his or her own living and educational costs, even if they have not been doing so previously. (Laramie v. Laramie, [2018] O.J. No. 4130 (S.C.J.) and Nafar-Ross v. Raahemi, [2018] O.J. No. 2634 (S.C.J.)).

Related: Child Support Guidelines

Practical Influences

While the Divorce Act and the Family Law Act set out the basic thresholds, Canadian courts remain practical in how they apply them. Increasingly, the focus has turned on whether parents should be obliged to provide financial support to an adult child who is pursuing post-secondary education, hopefully to launch themselves into self-sufficiency.

In this context, and especially in these challenging economic times and competitive work climates, courts now recognize that a single undergraduate degree may not be adequate for that purpose. (Holman v. Holman, 2013 ONSC 6988).

Instead – and while it is not a firm rule – it has been said there is a “strong presumption” that parents should at least fund their adult child’s initial college or university program, provided the child demonstrates both need and diligent pursuit of those studies. (Genga v. Colaianni [2017] O.J. No. 4041). Entitlement to financial support for second – or even third – post-secondary programs is determined on a case-by-case basis.

How Long Does Support Go On?

Since the tests under both the Divorce Act and the Family Law Act are rather open-ended, there’s an obvious follow-up question: How long does support for an adult child last? Again, this is a particularly important issue during tough economic times, when students often find themselves taking second – and even third – post-graduate degrees to try to get themselves a foothold in the job market.

As always, the answer to that question will depend on the facts, but there are several court decisions in this area that help shed some light. Here are some of the highlights:

• There is no arbitrary cut-off based on the adult child’s age, although cases where an adult child is still being supported in his or her late 20s are relatively rare. (Thompson v. Shelly, 2018 ONSC 5281; Doull v. Tsim, [2017] O.J. No. 5356 (O.C.J.), which involved a 27-year-old in Ph.D. program).
• There is also no cut-off based on a child’s scholastic achievement. However the older the child, and the higher education level sought or already attained, the more difficult it becomes to prove that he or she is still dependent to the point where parental support should continue. (Martell v. Height, 1994 NSCA 65; see also Thompson v. Shelly, 2018 ONSC 5281).
• A child who attends full-time at post-secondary education is usually considered eligible for support, but it will be rare for a court to require parents to support a child beyond two post-secondary degrees (Makdissi v. Masson, 2017 ONSC 6498, related reasons 2020 ONSC 343).

Frequently asked questions from our clients about the duration of child support.

Other Factors Considered

These basic principles are a good start, but of course they do not cover all the specific scenarios that can arise. For this reason, courts have also crafted a long list of factors that help them decide whether an adult child should continue to receive support from his or her parent, particularly for post-secondary education.

First, the court will look at the circumstances of the adult child him or herself. Some of the considerations include:

• What are the child’s personal circumstances? The court will start by considering the adults child’s means, needs and overall circumstances. This includes assessing whether his or her living expenses are reasonable. It will also look at the child’s age and level of maturity, where they are living, and with whom.
• What is the adult child’s plan for his or her education? The court will look at whether the child’s plan is reasonable, and appropriate to his or her capabilities. It will also consider the duration, cost, and potential outcome/benefit to the adult child in the end.
• What are the adult child’s current education-related circumstances? The court will consider whether the child is dedicated to and actually attending school (rather than merely enrolled), and whether he or she is attending full-time, or merely part-time or sporadically.
• Is the adult child suitably capable? This looks at factors such as the adult child’s existing scholastic performance and success in the overall program, especially in light of his or her age. Also relevant are the child’s prior qualifications and experience, and his or her skills and aptitude for the particular course of study.
• Does or can the child contribute to his or her own support? This element considers whether the child is doing part-time work, and whether he or she has applied (or is eligible) for student loans, grants, bursaries or scholarships. However, it also takes into account whether the adult child’s chosen course of study is too arduous to reasonably allow for him or her to be employed at the same time.

Next, the court will examine the circumstances of adult child’s parents. The relevant factors include: 1) The parents’ means, means and ability to continue to pay for their child’s extended education; 2) their stated expectations for their child’s education; and 3) the current relationship between them.

On that last point: The mere fact that the parents and adult child are estranged – whether mutually or by unilateral decision – does not automatically mean that the parents’ support obligations automatically come to an end. It is merely one of the many factors for the court to consider. Indeed, past cases have seen parents remain financially obliged to their adult children even where there is no longer any relationship left between them. (See for example Menegaldo v. Menegaldo, 2012 ONSC 2915).

A Few Examples

In a case called Hyde v. Hyde, 2016 ONSC 7788 (S.C.J.), the 20-year old child had started one post-secondary program immediately after high school, but quit partway through. He then switched to pre-med in preparation for nursing studies. Even though he had changed programs, it was not unreasonable for him to do so, the court found. He was still eligible for parental support, but the court capped it at four years which would allow him to obtain his nursing degree.

On the other hand, in MacEachern v. Bell, 2019 ONSC 4720 (S.C.J.) the court refused to order that the adult child was entitled to financial support. He had participated in a pricey “Outdoor Adventure” program at Algonquin College, but there was no evidence to show how it related his stated goal of a career in policing. Nor was there evidence about the marks he achieved, whether he actually attended, or why he quit. The court ruled that in law, he was no longer a “child of the marriage” who was eligible for financial support.

Conclusion

As these legal principles and cases show, the question of whether an adult child is still eligible for financial support from his or her parents is a complex one, with many nuances. If you have questions about how these tests and factors may apply to your unique situation, feel free to give our offices a call.