What is the impact of a child’s financial capacity to support a parent?

New Brunswick, Canada


The following excerpt is from Z.R. v R.A.V., 2020 NBQB 156 (CanLII):

The third factor to be analyzed is the capacity of the adult child. Section 114 is rather vague as to the factors to be considered. Financial capacity is obviously part of the analysis, but there are clearly other factors to be considered. An adult child’s financial obligations with respect to his or her own children and spouse, an adult child’s financial responsibilities (mortgage and other debts, his or her own child’s post-secondary education), the need to invest for his or her own retirement, and so on, are all examples. In my view, many of an adult child’s expenses and obligations will rank in priority to his or her obligation to support a parent (see Anderson v. Anderson, 2013 BCSC 129).

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