I have a friend who lives in British Columbia. He was married for about 4 years to woman who had a child from a previous relationship. The child was 3 years old when they first met 6 years ago. This child's biological father is making child support payments to the mother. My friend and his partner are divorcing, and he would like to maintain a relationship with the child. His ex-partner is demanding child support payments from him. What does the law state about obligations to pay child support for children who are already receiving support payments from his/her biological parent and and for whom you are not a biological parent? Are child support payments voluntary or mandatory in this case?
Asked over 1 year ago in Nanaimo, British Columbia
Categories:
Family Law
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 British Columbia lawyer
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The Divorce Act provides that if you stand towards a child as a step parent, or in loco parentis, then you could be required to contribute to that child's support, even if the natural father is paying as well. If you wish to continue to have a relationship with that child, you should try and negotiate an agreement that would recognize this intention, but also deal with the child support issue.
Robert Klassen
Posted over 1 year ago
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