BC Step-parent Child Support lawyer, Lorne MacLean, Q.C., wants both married and common-law spouses to know that the new Family Law Act commencing March 18, 2013 brings some small but important changes to BC child support. The new BC Family Law Act Act will precisely define a step-parent’s accountability to pay child support while considering the length of the marriage and the lifestyle customary to the children during that time.
Definition of a Step-parent
A person is defined as a step-parent if:
a) s(he) lived with the parent of the child in a marriage-like relationship for at least two years; or
b) s(he) entered into a marriage with the parent of the child.
When is a Step-parent Considered to be Partially Responsible for Child Support?
Many step-parents facing the breakdown of a marriage assume that the obligation of child support remains the sole responsibility of the biological parents. Under the new BC Family Law Act Act, biological parents will have primary responsibility to pay child support, then non-parent guardians, and then step-parents. Child support from step-parents may be awarded if:
a) s(he) contributed to support and maintenance of the child for at least one year; and
b) a claim for child support against the step-parent is commenced within one year after the date the step-parent last contributed to financial support of the child.
Why Must a Step-parent be Considered Partially Responsible for Child Support?
It is important for step-parents to remember that child support is the right of the child. The courts will not allow a child to suffer any financial hardship caused from the breakdown of a marriage. Under the new Act,this rule will extend beyond the marriage of the biological parents and will be applied to any marriage or marriage-like relationship of the custodial parent.
What Factors Determine Step-parent Child Support?
Step-parent child support does not in any circumstance relieve paying biological parents of the financial obligation to their children. For a receiving spouse to make a claim for child support against a step-parent, he or she must first seek child support from the biological parent. The award of child support from a step-parent is secondary to that of the biological parents and is considered a “top up” to the first amount of support. The new Family Law Act states that child support will not be based singularly on the Child Support Guidelines’ tables. The courts will determine the amount of child support to be payed by a step-parent and for how long it should be paid based on the following factors:
a) the standard of living experience by the child for the duration of the relationship between the step-parent and his or her spouse
b) the length of time during which the child lived with the step-parent
If you require assistance with a step-parent child support matter call our toll free number at 1 877 602 9900 to speak with one of our highly acclaimed step-parent child support lawyers. We have four offices in British Columbia and act throughout the province.
Romney Burkett Legal Assistant
