Do Stepparents Have to Pay Child Support in British Columbia?

Blended families are common, and money questions often surface when a relationship ends. If you helped raise a partner's child, you may wonder whether you could be asked to pay support. If you are the child's parent, you may wonder whether your former partner can be asked to contribute.

The answer in British Columbia is not automatic. It depends on which law applies, how long the stepparent contributed to the child's support, and how the stepparent's duty fits alongside the duties of the parents, which come first. This article explains the main tests in plain terms.

This article covers the law of British Columbia.

Two legal routes, two tests

A stepparent's support duty can come up under the British Columbia Family Law Act or under the federal Divorce Act. The wording and the tests differ, so it matters which one applies to your situation.

Under the Family Law Act, each parent and guardian of a child has a duty to support that child. Under the Divorce Act, a court making a child support order must do so in accordance with the applicable guidelines. A stepparent's duty is an add-on in particular circumstances, not a replacement.

The Family Law Act: the one-year rule

The Family Law Act defines a stepparent as a spouse of the child's parent who lived with the parent and the child during the child's life. Being a stepparent in that sense is not enough on its own to create a duty to pay.

• The stepparent must have contributed to the child's support for at least one year.
• A proceeding must be started within one year after the stepparent's last contribution.
• An order against a stepparent requires a s. 147(4) duty, and the stepparent and the parent must be separated.
• The stepparent's duty is secondary to the duties of the parents and guardians.
• It extends only as appropriate given the child's standard of living and how long the child lived with the stepparent.

The second point matters most for timing. If a stepparent stopped contributing some time ago, the one-year window may already be closing or closed, so it is worth getting advice early.

The Divorce Act: standing in the place of a parent

If the couple married and the court is dealing with a divorce, a child of the marriage includes any child for whom both spouses or former spouses stand in the place of parents. One spouse acting as a parent is not enough on its own, because the wording refers to both spouses or former spouses.

Once that test is met, the Guidelines say the court sets the amount it considers appropriate, having regard to the Guidelines and to any other parent's legal duty to support the child. How that works out in practice depends on your situation, so it is worth confirming with a lawyer.

New partners and non-parent guardians

A new partner does not become a guardian only by marrying or entering a marriage-like relationship with a guardian. Where someone is a non-parent guardian, that person's duty to support is secondary to the child's parents.

For a biological or adoptive parent, none of this removes the parent's own duty. The parents are expected to support the child first, and the stepparent's role comes after.

What to do next

• Write down the dates: when the stepparent moved in, when contributions began, when they stopped and when the parents separated.
• Gather proof of contributions, such as shared household costs paid toward the child.
• Note whether the parents were married, since the Divorce Act may be involved.
• Collect both biological parents' income details, since their duties come first.
• Speak with a family lawyer before the one-year deadline passes, because whether a duty exists depends on the facts.

Frequently asked questions