The current and past step parent child support case law balanced the need for all “parents” including step-parents to support a child at the standard the child enjoyed in the intact relationships he was part of since birth. The concept of the biological parent having an equal if not higher burden than a step parent to support a child and not being entitled to a “free Pass” whereby the biological parent was not pursued to pay their fair share has developed in recent years notably in the BC Court of Appeal case of UVH. Over the years we have successfully argued a variety of sides of this issue including termination or reduction of step parent support on the grounds that a step parent has more than met their liability. We are pleased to see many of our arguments over the years have made their way into new legislation on step parent child support liability. The area is complex and the stakes are huge call Lorne MacLean Q.C. if you need help.
Commencing- likely in 2013- new step parent laws under our new Family Law Act are:
Duty to provide support for child
147 (1) Each parent and guardian of a child has a duty to provide support for the child, unless the child
(a) is a spouse, or
(b) is under 19 years of age and has voluntarily withdrawn from his or her parents’ or guardians’ charge, except if the child withdrew because of family violence or because the child’s circumstances were, considered objectively, intolerable.
(2) If a child referred to in subsection (1) (b) returns to his or her parents’ or guardians’ charge, their duty to provide support for the child resumes.
(3) If a guardian who is not the child’s parent has a duty to provide support for that child, the guardian’s duty is secondary to that of the child’s parents.
(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.
(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 his or her spouse, and
(ii) the length of time during which the child lived with the stepparent.
