With the increase of blended families, our family and child support lawyers are receiving this question more frequently.
Understanding the complexities of child support obligations involving step-parents in British Columbia can have significant financial implications. This article aims to provide some insight into considerations when dealing with step-parent child support.
When is a step-parent liable for paying child support in BC?
In simple terms, if a step-parent assumed a parental role for the child during the relationship, they are likely responsible for paying child support upon separation. However, the amount of support can vary, and there is a time limit for seeking child support from a step-parent.
How Do You Define “stood in the place of a parent” for the Purposes of Step-parent Child Support?
Courts take an objective approach to determine if a person stood in the place of a parent. Factors considered include the nature of the relationship between the step-child and step-parent, such as:
- Whether the child participates in the extended family in a similar manner as a biological child;
- Whether the person provides financial support for the child (based on their financial ability);
- Whether the person disciplines the child as a parent;
- Whether the person represents to the child, the family, or the world that they are responsible as a parent to the child; and
- The nature of the child’s relationship with the absent biological parent.
- If the step-parent’s support towards the step-child is inconsistent or minimal, the courts may not find it sufficient to warrant a child support obligation. This was evident in cases like McConnell v McConnell, 2007 BCSC 748 and D(DC) v C(RJP), 2014 BCSC 2420.
Conversely, if the step-parent contributes significantly to the child’s essentials, leisure, or vacations, the courts may consider this enough to impose a child support obligation. This was observed in the BC Provincial Court case OZ v MZ, 2016 BCPC 416.
Courts acknowledge the uniqueness of each step-child/step-parent relationship, and decisions are made based on individual circumstances.
Will a step-parent have to pay child support in BC if the child is over 19 years of age?
- The first step is determining if the child is above 19 years and unable to live independently from their parents due to illness, disability, or other reasons.
- The subsequent step involves applying the previous criteria to assess if the step-parent stood in the place of a parent for the child.
When dealing with step-children, it’s crucial to consider that the obligation to support a stepchild depends on “the duration during which the child resided with the step-parent.”
What Laws Apply to Step Parent Child Support in BC?
The Family Law Act and Divorce Act govern step-parent child support. The Divorce Act only applies to married parents, while the Family Law Act applies to both common law and married couples.
Step Parents and Child Support under the Family Law Act
Section 147(4) of the Family Law Act (FLA) outlines the criteria regarding a step-parent’s liability to pay child support for a step-child:
(4) A child’s step-parent does not have a duty to provide support for the child unless
(a) the step-parent contributed to the support of the child for at least one year, and
(b) a proceeding for an order under this Part, against the step-parent, is initiated within one year after the date the step-parent last contributed to the support of the child.
Section 147(5) of the FLA further clarifies that such liability is secondary to that of the child biological parents and guardians, considering:
- the child’s standard of living while the step-parent and spouse were together, and
- the duration during which the child lived with the step-parent.
Step Parents and Child Support Under the Divorce Act
Section 2(2) of the Divorce Act – applicable to married couples – mandates that a step-parent must “stand in the place of a parent” for a step-child to be held responsible for child support.
Determining whether a step-parent is liable for child support and the amount to be paid is a nuanced issue that requires a thorough examination of the specific case details. Our team of child support and step-child support lawyers are available to assist. Contact us at 604-974-9529 or reach out for help.