Can I Be Ordered to Pay Child Support for My Grandchild?

In family law, parents are responsible for financially supporting their children and paying child support; however, there are circumstances where grandparents may be asked to contribute financially to the upbringing of their grandchildren.

Legal Basis for Child Support in Ontario

In Ontario, child support obligations are outlined in Part III of the Family Law Act, R.S.O. 1990, c. F.3 (the “FLA”) and the attached Child Support Guidelines. A child’s biological or adoptive parents are often subject to support obligations under the FLA; however, the definition of “parent” under the FLA is broad. Per subsection 1(1) of the FLA, a parent includes “a person who has demonstrated a settled intention to treat a child as a child of his or her family.” If grandparents fall under this expanded definition of “parents”, then they may be subject to support obligations.

When Grandparents May be Obligated to Pay Child Support

As set out above, while grandparents have no prima facie obligation to financially support their grandchildren, there are scenarios where they might be required to do so:

Significant Involvement: If grandparents have taken on a parental role, such as having custody or acting as primary caregivers for an extended period, the court might consider them financially responsible for the child’s needs. The more integrated they are into the child’s daily life, the more likely the court is to consider them responsible for financial support. The Supreme Court of Canada has listed several factors which must be considered when determining if a non-parent, including a grandparent, has stood in the place of a parent, including:

the intention to act as a parent to the child, which can be expressed formally or informally through a person’s actions;
whether the child participates in the person’s extended family as a biological child would;
whether the person financially provides for the child, depending on their ability to pay;
whether the person disciplines the child as a parent;
whether the person represents to the child, the family, and the world, either explicitly or implicitly, that they are responsible as a parent for the child; and
the nature or existence of the child’s relationship with an absent biological parent.[1]

Courts may also be more likely to find that a grandparent stood in the place of a parent if they have been granted a parenting or contact order in favour of the child. Section 21 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12 allows for any person other than the parent of the child, including a grandparent, to apply for such an order.

Legal Guardianship: In cases where grandparents have been appointed as legal guardians, they may be expected to provide financial support as part of their guardianship duties. The court may formalize this responsibility through a child support order.

Joint and Several Obligation: When multiple parties are determined to owe child support for a child, any one party may be asked to pay for the entirety of support, and then seek reimbursement from the other responsible parties for their share. As stated in Chartier v Chartier:

“The obligations of parents for a child are all joint and several. The issue of contribution is one between all of the parents who have obligations towards the child, whether they are biological parents or step-parents; it should not affect the child. If a parent seeks contribution from another parent, he or she must, in the meantime, pay support for the child regardless of the obligations of the other parent.”[2]

While Chartier addressed the obligations of stepparents who stood in the place of biological parents, the same principle applies to other payors of child support, including grandparents who are found to stand in the place of parents.[3] This means that if a grandparent owes child support for their grandchild, along with their grandchild’s parents, they may be responsible for the parent’s share of support as well as their own.

Potential Consequences for Grandparents Who Refuse to Pay Child Support

If the court orders you as a grandparent to pay child support and you fail to do so, regardless of whether you agree with the court order, there can be significant legal consequences. Courts treat child support orders seriously, and non-compliance can lead to enforcement actions, such as:

Enforcement by the Family Responsibility Office (FRO): In Ontario, the Family Responsibility Office (FRO) is responsible for enforcing child support orders. If you fail to pay, the FRO can take steps to collect the support payments, including garnishing your wages, seizing your bank accounts, and placing liens on your property.
Impact on Credit and Financial Standing: Non-payment of child support can also negatively impact your credit rating and financial reputation. The FRO’s enforcement actions can create significant financial challenges and lead to long-term consequences.
Legal Penalties: Continued non-payment can result in more severe penalties, including suspension of your driver’s license, passport, and other federal licenses; requiring you to attend a default hearing; and, in extreme cases, jail time for contempt of court.

Given the increasingly complex nature of families today, it is essential for grandparents to understand the legal implications and seek appropriate legal counsel if they find themselves in a situation where they may owe child support for their grandchild. Being informed and proactive can help ensure that any decisions made are fair and in the best interests of the child.

If you have questions about child support obligations for grandparents or need legal assistance, please contact DSF Ontario Family Lawyers at 416-449-1400 or info@devrylaw.ca.

This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.

This blog was co-authored by Family Lawyer, Jillian Bowman, and Articling Student, Leslie Haddock.

[1] See Chartier v Chartier, 1999 CanLII 707 (SCC) at para 39. Snow v Snow, 2013 ABQB 146 at paras 16 and 23 suggests that this test also applies to grandparents who are alleged to have stood in the place of a parent.

[2] Chartier, supra at para 42.

[3] Snow, supra at para 16.