Step Children

[Tex]

Does anyone know if a step parent, when there are two biological parents in the picture can be made pay child support for a 19 year old who is attending college. I was in a common law relationship and step parented this child for 14 years. Her bioligical father is in the picture but works under the table so he has never paid child support. I am being threatened with a law action.

Has anyone any insight they can offer me as to my rights.

[Grace]

Yes, a step parent can be made to support a non biological child. In legal terms it is called "loco parentis". So if you have acted as a "parent" towards this child you most likely will be responsible to pay child support until the child is no longer considered a "child of the marriage", which includes time to obtaining a college degree.

[logicalvelocity]

I agree with Grace

If you acted as a parent to this child, you could be legally forced to pay child support.

However, they would have to take you to court by way of an application and the courts would take into consideration whether or not the custodial parent was receiving child support from the other biological parent. You would have to name the other biological parent as a party to the claim and also make sure their obligation is as per the tables and up to date to reflect their actual income.

Family Law Act - Ontario R.S.O. 1990 c. F. 3.

Section 33, subsection 5 and 6

Adding party

(5) In an application the court may, on a respondent’s motion, add as a party another person who may have an obligation to provide support to the same dependant. R.S.O. 1990, c. F.3, s. 33 (5).

Idem

(6) In an action in the Ontario Court (General Division), the defendant may add as a third party another person who may have an obligation to provide support to the same dependant. R.S.O. 1990, c. F.3, s. 33 (6).

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK33

and also

Courts of Justice Act - Family Law Rules O.Reg. 114/99

Rule 7 subsection 5

PARTY ADDED BY COURT ORDER

(5) The court may order that any person who should be a party shall be added as a party, and may give directions for service on that person. O. Reg. 114/99, r. 7 (5).

http://192.75.156.68/DBLaws/Regs/English/990114a_e.htm

[Grace]

Here's an interesting case for step-parents.

http://www.theglobeandmail.com/servl...tory/National/

[Grace]

Sorry all, my above link didnt show the full article. I've cut and pasted here:

Globe and Mail:
Saskatchewan father loses child-support case
Regina — A Saskatchewan man must continue paying child support for his stepdaughter even though his ex-wife married the child's biological father, a court has ruled.

The Saskatchewan Court of Appeal judgment handed down in November struck down a lower court ruling that said the man was no longer obliged to pay.

The appeal court ordered the man to pay half of what he was originally paying in monthly child support plus $12,144 in arrears.

He must also maintain his parental relationship with the girl.

The couple, whose name is not being published to protect their privacy, married in May 1998 after living together for about 3½ years. They separated two months later.

The woman, who had a daughter in June 1995 from a previous relationship, gave birth to his child on Oct. 13, 1996.

The man petitioned for divorce in November 1998 and claimed access to the children.

When his ex-wife and the girl's biological father reconciled and married in September 2000, he sought permission from the courts to discontinue making support payments for his stepdaughter and to sever his relationship with her.

In a November 2004 decision Queen's Bench Justice Robert Laing ruled in favour of the man.

The girls' mother then appealed that ruling.

[logicalvelocity]

Grace,

the case specifics can be found here at CanLII

Swindler v. Swindler

http://www.canlii.org/sk/cas/skca/2005/2005skca131.html

The thing to note on this is that these people were married and not living commonlaw, hence DIVORCE ACT (CANADA) can apply in addition to the respective provincial statutes.

[Julie]

Thanks for those case details, its interesting reading.