Non-Bio parent paying Child Support - what are the criteria?

[LakeErie]

I know this doesn’t happen very often to us, but what are the rules and criteria that govern a non-biological parent having to pay for child support when a couple split up?

I think factors may include how long the parent has been involved in the child life (will 3 years be long enough?), what role s/he has played, etc? Does anyone have any real cases or experience?

Thanks

[blinkandimgone]

Look up 'in loco parentis' and you should find lots of info.

[littleman]

why in the world should a non bio be paying child support????? To me that is pure greed. Cause your relationship with bio & now non bio parnet didnt work out you want CS from both. Even if you dont receive CS from bio parent in my view that is NOT non bio parnet responsibility. They went into relationship with understanding that you & child were packag deal and not that if it went south he/she would be paying for the rest of their life for a child that isnt theirs. This is what I mean that the line has to drawn somewhere. The non bio parent didnt sign up to be goudged for CS for the rest of their life. This is pure greed.

[punked]

Agree with Littleman!

For you to even consider it is disgustingly greedy!

[WorkingDAD]

Spouse in place of a parent

well even if I agree with that it just wrong from non-bio parent but I can see logic here from child's point of view.

saying that I believe question was about rules etc..
So here is the rules:

CHILD SUPPORT GUIDELINES

Spouse in place of a parent


5. Where the spouse against whom an order for the support of a child is sought stands in the place of a parent for a child or the parent is not a natural or adoptive parent of the child, the amount of the order is, in respect of that parent or spouse, such amount as the court considers appropriate, having regard to these guidelines and any other parent's legal duty to support the child. O. Reg. 391/97, s. 5.

in addition

The New Brunswick Court of Appeal in M.S. v. C.S. [2009] N.B.J. No. 334 adopted the methodology set out by the British Columbia Court of Appeal in H.(U. V.) v. H. (M. W) (2008) 86 B.C.L.R.(4th} 199.

To determine the quantum of child support payable by a step-parent, the court must first determine the biological parent's support obligation. The extent to which the recipient is or is not pursuing the same is not determinative, as the court will not permit the recipient to give the biological parent "a pass" in favour of pursuing only the step-parent for child support (paragraph 19).

Only once the biological parent's obligation is determined, can the step-parent's obligation be quantified.

Just quick search will give you something to read and get an idea...

like form Zacharias v. Zacharias, 2011 ONSC 2176 (CanLII)

TEST FOR A FINDING THAT A PERSON STANDS IN LOCO PARENTIS

[10] There are many factors to be considered in determining whether a person stands in the place of a parent within the meaning of the Divorce Act. The Supreme Court of Canada has set out the following test:

Whether a person stands in the place of a parent must take into account all factors relevant to that determination, viewed objectively. What must be determined is the nature of the relationship....The court must determine the nature of the relationship by looking at a number of factors, among which is intention. Intention will not only be expressed formally. The court must also infer intention from actions, and take into consideration that even expressed intentions may sometimes change. The actual fact of forming a new family is a key factor in drawing an inference that the step-parent treats the child as a member of his or her family, i.e., a child of the marriage. The relevant factors in defining a parental relationship include, but are not limited to, whether the child participates in the extended family in the same way as would a biological child; whether the person provides financially for the child (depending on ability to pay); whether the person disciplines the child as a parent; whether the person represents to the child, the family, the world, either explicitly or implicitly, that he or she is responsible as a parent to the child; the nature or existence of the child’s relationship with the absent biological parent.[1]

[11] Although the court must address the needs of the children as of the date of the hearing, the existence of the parental relationship must be determined as of the time the family functioned as a unit.[2]

[12] The courts must make a distinction between a “clear, permanent loving relationship formed with the child while operating within a family unit” and the situation where a person has only demonstrated kindness while operating within the family unit.[3] The relationship of parent can be “best evidenced by voluntary acts with the children utilizing [one’s] own free time”.[4]

[littleman]

thats just another way to express greed.........no different from my original post. non bio parent accepted package deal NOT to be paying child support for rest of their life.

[LostFather]

Happens way more than people think. If bio dad is not involved. If you took on the role as dad. You've provided for the child...3 years is usually considered the time lines but not necessary carved in stone, you could very well be liable for cs.

Its a nasty thing to have to think about but its a reality. If mom says you've been dad or acted like a father to the child. If the child thought of u as q father figure in return then in my opinion you'd be on he hook. You could fight it...but guess what you'd be ordered to pay and hen have to fight. Of course this would tie you up financially and make it very hard for you to obtain council. She ontbe other had most likely will have legal aid...you couldn't because you make too much money....on paper...great system.

[LostFather]

oh. Here is another fun fact. Even if mom is paying for her lawyer. If she is receiving cs. She can wright off her lawyers fees pertaining to cs. Dad as the payor can not. Great system again.

[standing on the sidelines]

Could it be put into an agreement that the bio parent will not go after the step parent for cs if the marriage ends??

To me child support is paid by bio parents, not step parents. If a step had to pay cs then the bio parent better give them all the rights like 50 50 custody and all that stuff like a bio parent would have.

[Berner_Faith]

I don't think requesting a non-bio parent to pay child support is out of the question... if this person has been part of the childs life and acted as a parent for some time, provided for this child and what not, they are really no different than a bio-parent. I don't know if I would personally consider 3 years long enough, but if the non-bio parent in the only father/mother the child has known then they have a responsibility. Of course they would be awarded access to the child and such just like a bio parent would.

This has nothing to do with greed, more to do with supporting a child. It has happened before, even to the extent where both the bio and non bio parent pay child support. As was stated, this was a "package" deal, meaning they choose to take on the responsibility during the marriage, they would be responsible after the marriage.

[JB514]

In my opinion it would be ridiculous to have a non bio parent pay especially if bio parent is in the picture and is already paying support.

Cause if you look at the big picture and the span of all the years the child is allegeable for cs, mom/dad could be involved with 6 different non bio partners. Does that mean that the bio parent is allegeable to receive cs for one and the same child from 6 different people??? If you ask me thats BS!

[LostFather]

It may sound unfair and if the custodian parent is not a welfare lazy mama/papa, then the non-bio parent should help raise the kids after divorce because s/he once accepted them and helped raising them while marriage lasted. I doubt that non-bio parent pays anything if bio parent already pays cs.

Not true. I personally know of someone who pays...he is not bio parent. Mom gets a 2fer.

I agree if non bio parent is excepted as dad, bond is made then yes I agree non bio parent should help. But the problem is when mom is getting paid from both. I also take issue with moms who tell the courts that non bio 'parent' is a father figure or acted as, when they already have an active father in the the life of the child, who pays cs and mom sees $$$$. Why is cs needed? Is it really not for the child its for someone to pay the mortgage or whatever. There are lots of issues and variances that need to be addressed or updated in the family law system.

I think now that moms are now starting to have to walk in the shoes of dads, some are realizing just how unfair the system is. Maybe now that this unfairness is being realized by the opposite sex, maybe something might get done about it.

No one cares about dads problems, but if mom starts to feel the pain then it might become an issue....we'll see.

[SillyMe]

Been there done that...

Very tough thresholds to meet, and in my experience something judges refrain from doing. In my case, my stepson came up with/and called me a preferred pet name. He never called me dad. I didn't take him to any medical and/or school appointments. His mother preferred to take him, and really the only reason. I was also able to demonstrate that, I was not the only extended family/support that took him to extra curricula's. I was able to demonstrate that I formed part of a larger support system while in his life from the age of 5 to 15 when we separated. I was not required to pay child support for him. So three things are important here;

1. Did the child call you dad/mom
2. How involved where you with regards the the child's medical & schooling
3. How involved were you with the child's extra curricula *of less importance but, combined with the above*

Although, ten years is a significant amount of time it didn't factor into the trial. Today, given the age difference between him and his brothers. He does as much parenting of the boys (his brothers) as I do Today he calls me Pops He is very involved with their schooling and, he's taking nursing so he is constantly up my arse about their health...he's in much better physical shape then me so, when it comes to mountain biking, paintballing and rough housing...he can have it I think they (the children) are all on the hook for spousal support; I want one of them nice cozy old age homes...I keep tellin them to save their money