PUBLICATION ARCHIVE

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Jan

Step-Parents and Child Support Obligations



 

The Brady Bunch was ahead of its time. The blended family sitcom of the early 1970s is increasingly common. According to the 2011 census, 12% of families in Canada are in a blended or step family. So, what would have happened if Mike had left Carol? Would he have had child-support obligations for Cindy, Janet and Marsha?

There are no clear-cut, easy answers to these cases as the circumstances vary from family to family. However, two important elements of the Divorce Act make it clear that in many circumstances, some form of support for stepchildren may be required.

One of the goals of the Act is to ensure that a child will have a fair standard of support that ensures they continue to benefit from the financial means of both spouses after separation. The Divorce Act also makes it clear that a step parent who "stands in the place of a parent" can be obligated to pay child support in "such amount as the court considers appropriate, having regard to the other biological parent's legal duty to support the child". This means that a stepparent who has an active role in the raising of the children can be required to continue to support those children in the event of a relationship breakup.