Does a step-parent have to pay child support in BC? Child Support Lawyers Explain

With blended families on the rise, our family and child support lawyers are getting this question more and more.

Understanding the ins and outs of child support obligations involving step-parents in British Columbia is complex and can mean fortunes. We hope this article sheds some light on issues to reflect on when consider step-parent child support.

When is a step-parent liable for paying child support in BC?

In simple terms, if a step-parent stood in the place of a parent for the child during the relationship, that step-parent is likely liable to pay child support upon separation. But the amount of support can vary and there is time limitation for applying for child support against 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 see if a person stands in the place of a parent. Courts will consider the nature of the step-child’s relationship with the step-parent, taking into account various factors, namely:

1. Whether the child participates in the extended family in the same way as would a biological child;
2. Whether the person provides financially for the child (depending on ability to pay);
3. Whether the person disciplines the child as a parent;
4. Whether the person represents to the child, the family, the world, either explicitly or implicitly, that he or she is responsible as a parent to the child; and
5. The nature or existence of the child’s relationship with the absent biological parent.
6. If the step-parent’s support payments toward the step-child are deemed to be trivial, sporadic or occasional, the courts may not deem this sufficient to attract a child support obligation. This was the conclusion drawn in BC Supreme Court cases such as McConnell v McConnell, 2007 BCSC 748 and D(DC) v C(RJP), 2014 BCSC 2420.

Alternatively, if the step-parent contributes to the child’s basic necessities, entertainment and/or vacations, the courts may deem this sufficient to attract a child support obligation. This was the conclusion drawn in the BC Provincial Court case of OZ v MZ, 2016 BCPC 416.

Courts are aware that every step-child/step-parent is different, and each case will turn on its own facts.

Will a step-parent have to pay child support in BC if the child is over 19 years of age?

1. The first step is to determine whether the child is 19 years of age or older and unable to withdraw from their parents’ care. This can be due to illness, disability, or another reasons.
2. The next stage, is applying the above test to see if the step parent stood in the place of a parent for the child.

When dealing with step-child, though, it is important to remember that a duty to support a stepchild requires a consideration of “the length of time during which the child lived with the stepparent.”

What Laws Apply to Step Parent Child Support in BC?

The Family Law Act and Divorce Act govern step parent child support. However, Divorce Act only applies to parents who were married whereas 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) states the following criteria, with respect to 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 started within one year after the date the step-parent last contributed to the support of the child.

Section 147(5) of the FLA goes on to clarify that any such liability is secondary to that of the children’s biological parents and guardians, and any such order is made in consideration of:

• the child’s standard of living, while the step-parent and spouse were in a relationship, and
• the length of time 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 – which applies in cases where the parties were married – states that in order for a step-parent to have to pay child support for a step child, they must “stand in the place of a parent” in relation to a step-child.

Whether a step-parent is liable for paying child support, and how much they need to pay is a very complex issue that requires analysis of the specific facts of your case. Our dedicated team of child support and step-child support lawyers are here to help. Call us at 604-974-9529 or get in touch.