What does the law state about child support payments for children who are not biologically your own?

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 almost 9 years ago in Nanaimo, British Columbia
Categories: Family Law

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Robert J. Klassen

Answer by Robert J. Klassen

VerifiedBritish Columbia lawyer


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 almost 9 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Robert J. Klassen, or search the Lawyer Directory.

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