Am I obligated to pay child support for my ex-spouse’s biological children from a previous marriage?

With Ontario's divorce rate, it is now less rare for individuals to be involved in multiple relationships throughout the course of their lives, and therefore the existence of the step-parent and step-child relationship is increasingly more common. In view of this, the question of whether an individual in Ontario is obligated to pay child support for a step-child has come to light.

It is possible for a step-parent to be obligated by the courts to provide their step-children with financial aid, despite the fact that the parent and child are not biologically related. According to section 5 of the Child Support Guidelines, where the spouse against whom a child support order is sought stands in the place of a parent for a child, the amount of a child support order is such amount as the court considers appropriate.

Such a child support award is established based on a non-biological parent acting “in loco parentis." In loco parentis is a legal concept that describes the relationship similar to that of a parent and a child. It refers to an individual who assumes parental responsibilities and a parental relationship more generally for another, usually a youngster, who is not his or her biological child. In other words, if an Ontario Court finds that you stood in the place of a parent, you may be required to pay child support for that child, despite the fact that you and the child are not biologically related.

There are many factors that are taken into consideration by the courts when establishing whether or not a step-parent needs to pay child support in Ontario. These factors include but are not limited to where the child resides (ex: with which parent), as well as the nature and quality of the relationship between the step-parent and the step-child. For example, does the child relate to the individual as one of his or her parents?

The core issue that a court looks at is whether the individual has stood in the place of a parent for the child. If so, a step-parent may be obligated to pay child support for his or her step-child.

For more information on the services we provide relating to family law, contact Krol & Krol at 905.707.3370 for a consultation today.