The Obligation to Support Adult Children: When Does 'Childhood' End?

This paper examines the provisions of the federal Divorce Act and Ontario’s Family Law Act that impose an obligation on parents to support adult children, and reviews leading cases interpreting this legislation. While this remains a contentious and discretionary area, there are some clear trends in the case law. Social and economic changes have resulted in “delayed adulthood;” young adults are living with their parents longer as well as looking to parents for financial support for increasingly long periods of postsecondary education. These changes are reflected in changing judicial attitudes to support of adult children whose parents have separated or divorced: compared to two decades ago, the courts are recognizing a greater and longer obligation to provide support for adult children. For higher income payors, this may extend to support for a professional degree or further education after an undergraduate degree, with support until the mid-twenties. When an adult child has a disability and continues to reside with one parent and receive care and support from that parent, the courts may extend the support obligation into the late 20’s and beyond, though social assistance and disability pensions will be taken into account in setting the amount of this obligation.