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Now that I am retired and on a limited income, and my kids are successful in their own right, don’t they have some obligation toward me?

A Filial piety, a concept most often associated with ancient Chinese philosopher Confucius is not likely thought of in the same way as child support, a concept most are familiar with in the context of family law.

However, filial responsibility, that is, responsibility to one’s elders, is in fact enshrined in Ontario’s Family Law Act. This often-overlooked section 32 of the Family Law Act reads:

“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.”

With so much of the popular discourse focused on the limited prospects of today’s youth, something often blamed on the Boomer generation’s hoarding of wealth, we lose sight of the fact that many older members of our communities are living in poverty.

While very few claims of elderly parents seeking support from their children have been reported over the years, in those rare cases that have gone before the court, a three-part test has been used to determine eligibility:

1. The parent has demonstrated the need for support;

2. The parent cared for or supported the adult child against whom a claim is now being brought when that adult child was a minor; and

3. The Court is satisfied that the adult child is capable of support.

With poverty rates among the elderly on the rise, and debates in Parliament raging over whether to increase old age security, perhaps the Family Law Act can provide a measure of security for a vulnerable and overlooked segment of society.

If you have family law related questions including anything you have read here, please contact Gelman & Associates for a consultation with one of our team of dedicated family law practitioners