When do step-parents have a duty to provide child support?

Parental responsibility, and the duty to provide monetary support for children, falls upon a child’s biological or legal parent.

Step-parents do not automatically have legal parental responsibility for their step-children, nor are they automatically required to provide any monetary support for children.

However, a parent may apply to the Family Court seeking child maintenance assistance from a former spouse in the event of separation.

The Court will consider the following factors in determining whether a step-parent has a duty to maintain a child:

1.    The length and circumstances of the marriage to, or relationship with, the relevant parent to the child.

2.    The relationship that has existed between the step-parent and the child.

3.    The arrangements that have existed for the maintenance of the child.

4.    Any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

 Case law indicates that where a step-parent has been in a long relationship and actively participated in the raising and financial assistance of a child during the relationship, that the step-parent may have a duty to continue maintaining the child if their financial circumstances allow for it, especially where the child (or parent) would experience undue hardship without that assistance.

All decisions made in relation to children are made on what the Court determines to be the best interests of each child given the individual circumstances of the matter.

If you would like to learn more about your entitlements or obligations with respect to child support and maintenance, please contact our family law team.