It may surprise you to learn that the simple answer is yes, under certain circumstances.
Section 32 of Ontario’s Family Law Act states that an adult child has an obligation to support his or her parent who is in need of support, provided the parent cared for or supported the child in the past and provided the child has the means to provide support.
Court decisions on this issue are few and far between. One of these decisions, Dragulin v Dragulin, involved an adult child who had won the lottery and clearly had the means to support her father. She argued that she should not have to provide support to her father because they were estranged and because he had been abusive to her during her childhood.
The court confirmed that misconduct on the part of the parent does not disentitle him or her from receiving support from the child, as long as the parent meets the test of having supported or cared for the child in the past. Current estrangement between the parent and the child also does not disentitle the parent from receiving support.
The court in Dragulin awarded support to the father of $400 per month from the daughter, finding this would be sufficient to meet his needs.
British Columbia recently amended its family law legislation and removed the section requiring an adult child to support his or her adult parent. There is some talk that Ontario may do the same, in due course.
If you have concerns regarding support, a family lawyer can help you determine your legal obligations or entitlements.
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