What Are My Child Support Obligations as a Stepparent?

Many stepparents wonder what financial responsibilities they may have towards their stepchildren, especially after separation. British Columbia’s Family Law Act and relevant case law set out when and how stepparents may be required to provide child support.

What Does the Family Law Act Say About Stepparents?

Section146 of the Family Law Act defines stepparent as a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life.

Section147(4) of the Family Law Act says:

(4) A child's stepparent does not have a duty to provide support for the child unless

(a) the stepparent contributed to the support of the child for at least one year, and

(b ) a proceeding for an order under this Part, against the stepparent, is started within one year after the date the stepparent last contributed to the support of the child.

Section 147(5) of the Family Law Act says:

(5) If a stepparent has a duty to provide support for a child under subsection (4), the stepparent's duty

(a) is secondary to that of the child's parents and guardians, and

(b) extends only as appropriate on consideration of

(i) the standard of living experienced by the child during the relationship between the stepparent and the stepparent's spouse, and

(ii) the length of time during which the child lived with the stepparent.

Do Courts Have Discretion in Ordering Stepparents to Pay Support?

Key Cases:

Klebe v. Klebe, 2020 BCSC 577

The court’s exercise of discretion allows a flexible approach when ordering a stepparent to pay child support. In this case, the biological parent did not contribute child support due to enforcement issues so the stepparent was required to contribute his proportionate share to s. 7 expenses of the stepchildren. The stepparent had no ongoing obligation to pay basic support, considering the biological parent’s role.

Sullivan v. Struck, 2018 BCCA 256

‍When applying for or defending an application regarding child support, the parties should lead evidence relating to the circumstances of the biological parents. While the biological parents’ obligations are fixed, a stepparent’s obligation is discretionary and based on the child’s standard of living and the objectives of the Federal Child Support Guidelines. If a biological parent’s support do not provide the child with a fair standard of support, the court may order a stepparent to pay child support in addition. In this case, the stepmother was ordered to pay child support only until the stepchild moved in with her biological mother.

‍What If I Find Out I’m Not the Biological Parent?

‍ Z. (E.) v. Z. (P.), 2017 BCSC 375

‍In this case, the payor mistakenly believed he was the biological father of the child until the child was about three years old, at this time the payor and the child became estranged. The applicant sought payment of child support from the stepfather, but her application was dismissed as she did not identify the biological father and did not provide evidence as to her efforts to locate the biological father or notify him of his obligations. The recipient also gave no evidence as to her new partner’s circumstances or ability to support the child’s needs.

Do I Still Owe Child Support If I Don't Have a Good Relationship with My Stepchild?

Shaw v. Arndt, 2016 BCCA 78

The quality of the relationship between the stepparent and the child, including the degree of estrangement, are only relevant in the most egregious circumstances. Many stepparents have troubled relationships with their children but those children may still require support to allow them to become self-sufficient. In this case, the payor was required to pay full support for a stepchild where the biological parent was unable to contribute. The court considered whether egregious circumstances existed, and in this case it was held that they did not exist.

‍What Happens if My Step Child Ends Our Relationship?

‍ V. (R.A.) v. V. (S.M.I.), 2007 BCSC 1896

‍ In this case, a stepparent applied to the court to terminate child support for a child who had ended their relationship. The biological father had no contact with the child and made no contribution towards child support. The court ordered continued child support but reduced the amount by 10% in consideration of the child’s own choice to terminate the relationship. The court also reduced the amount by a further $100/month to allow the biological mother time to seek support from the biological father.

‍Can Signed Agreements Waive Stepparent Support Obligations?

‍ O.Z. v. M.Z., 2016 BCPC 416

‍This case was heard in the Provincial Court of British Columbia. The applicant mother sought orders requiring the alleged stepfather to pay child support. The applicant and alleged stepfather were married and divorced in Russia before coming to Canada. They had one daughter together, and twins which were the result of an extra-marital affair on the part of the mother. They continued their relationship in British Columbia, the family lived together, but later separated.

‍ There were two signed agreements in place, one from Russia and one from British Columbia. In both agreements the alleged stepfather says the mother waived entitlement to child support from him.

‍ The court found him to be a stepparent pursuant to s. 146 of the Family Law Act, as he paid half the mortgage and the strata fees, he bought food. They took trips together and paid half on at least some of the vacations. He sometimes walked them to school. They discussed and resolved family issues and problems regarding child upbringing, financial affairs, recreation, and vacations. The stepfather’s participation was consistent with him having stood in loco parentis to them. Thus, the alleged stepfather had a prima facie obligation to pay child support.

‍ The court held that the previous agreements were not provisionally binding as they were not entered into on the point of, or after separation.

‍Federal Child Support Guidelines

‍Section 5 of the Federal Child Support Guidelines says:

‍Where the spouse against whom a child support order is sought stands in the place of a parent for a child, the amount of a child support order is, in respect of that spouse, such amount as the court considers appropriate, having regard to these Guidelines and any other parent’s legal duty to support the child.

‍What Does it Mean to “Stand in Place of a Parent”?

‍Chartier v. Chartier, 1999 CanLII 707 (SCC)

‍In this case, the Supreme Court of Canada set out the factors to determine if a person “stands in the place of a parent” to a child under the Divorce Act. The Supreme Court of Canada said that the post-separation relationship or lack of a relationship with the child was not a relevant factor to be considered. Once a person is found to stand in place of a parent to a child, that person’s child support obligations are the same as obligations to a biological child pursuant to the Divorce Act. The stepparent could not then terminate the relationship or their child support obligations.

‍ FAQ: Stepparent Child Support in BC

‍ ‍Q: Is child support automatic if I'm a stepparent?
A: No. You must have contributed to the child’s support for at least one year, and an application must be filed within one year of your last contribution.

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Q: Does the court look at whether the biological parents can pay?
A: Yes. A stepparent’s duty is secondary. Courts consider whether the biological parents are contributing before ordering support from a stepparent.

Q: Can I stop paying support if the child ends the relationship?
A: Not automatically. The court may reduce the amount, but support obligations may be ordered if the child still needs financial help.

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Q: What if I didn’t legally adopt the child?
A: Adoption isn’t required. What matters is whether you acted in the place of a parent—taking on responsibilities similar to a biological parent.

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Q: Do written agreements protect me from child support claims?
A: Not necessarily, earlier agreements may not be binding.

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