When Step-Parents Pay Child Support, How Much Do They Pay?

If you’re a step-parent or someone who has taken on a parental role in a child’s life, you might be surprised to learn that you could be legally required to pay child support, even if you’re not the child’s biological parent.

In Marty Birky’s earlier blog post, [“In Loco Parentis – Do I Owe Child Support When It’s Not My Kid?”], he explored how courts determine whether someone stands in loco parentis, meaning standing in the place of a parent. That legal test considers a range of factors, including how involved the person was in the child’s life and whether the child viewed them as a parent.
This post focuses on what happens after that finding is made. Specifically, how much child support a step-parent might be required to pay. The answer lies in Section 5 of the Federal Child Support Guidelines, which gives courts discretion to determine what support is “appropriate” and that can range from no support at all to the full table amounts, depending on the facts.

Once in Loco Parentis, Responsibilities Mirror Those of a Biological Parent

The Alberta Court of King’s Bench confirmed in FEG v MJV, 2023 ABKB 726 that:

“Once a finding of in loco parentis is made, the parent has the same responsibilities to the child as he or she would have to a biological or adopted child, although the child support obligation is governed by section 5 of the Federal Child Support Guidelines and not section 3.” (para 25)

In other words, standing in loco parentis carries real legal consequences. While the method of calculating support differs (Section 5 vs. Section 3), the obligation to support the child is just as serious.

What Section 5 Says

Section 5 of the Federal Child Support Guidelines provides:

“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, in respect of that spouse, such amount as the court considers appropriate, having regard to these Guidelines and any other parent’s legal duty to support the child.”

This gives courts discretion to determine the amount, unlike the fixed table formula applied to biological parents under Section 3. But this discretion is not unlimited.

The Roadmap from UVH v MWH, 2008 BCCA 177

In the key case of UVH v MWH, the BC Court of Appeal provided a roadmap for how courts should assess child support from step-parents under Section 5. Some of the key principles include:

1. Section 3 sets the default for biological parents—full table amounts apply.
2. Section 5 is an exception—it allows the court to decide what is appropriate, considering both the Guidelines and the legal obligations of other parents.
3. The court must consider the role and financial duty of the biological parent, and quantify it if possible.
4. The custodial parent cannot simply ignore a biological parent’s duty to seek support from a step-parent instead.
5. Avoiding windfalls—stacking full Guideline amounts from multiple parents is rarely appropriate unless necessary to maintain the child’s pre-separation standard of living.
6. If the biological parent is unavailable or unable to pay, full table support from the step-parent may be appropriate.
7. Discretion must stay within the bounds of the Guidelines—it’s not a blank cheque.
8. The objectives in Section 1 of the Guidelines (fair support, reducing conflict, etc.) still apply.
9. The child’s standard of living remains central to the analysis.

This case makes clear that Section 5 support depends heavily on the individual facts, especially the presence or absence of the biological parent and their ability to contribute.

Examples: How Courts Apply Section 5

Full Table Support Ordered – CC v JP, 2024 ABKB 573

In this case, the Alberta Court of King’s Bench found that the stepfather stood in loco parentis after a five-year cohabitation. The child had no relationship with the biological father, and evidence suggested he may have passed away. With no legal or financial support from the biological parent, the court ordered the stepfather to pay the full table amount under the Guidelines.

This aligns with the principle in UVH that when no other parent is available or contributing, full support from the step-parent may be appropriate.

Overturned for Failing to Consider Biological Parent – C.S. v M.M.S.S., 2009 NBCA 66

The New Brunswick Court of Appeal reversed a decision where the trial judge imposed support on a stepfather without assessing the biological father’s obligation. This reinforces the UVH requirement that courts must account for all parental obligations, not just those of the step-parent.

Balanced and Fact-Specific – Truong v Truong, 2012 ONSC 3455

In this Ontario case, the court emphasized that the step-parent should not be required to pay full guideline support just because the applicant has chosen not to pursue the biological parent for support.

Possible Outcomes Under Section 5

A finding of in loco parentis can lead to very different financial outcomes:

• No Support: If the biological parent is meeting their legal obligation and the step-parent’s support is unnecessary to meet the child’s needs, the court may find that no support is payable by the step-parent.
• Top-Up or Partial Support: Where the biological parent is contributing but not fully meeting the child’s needs, the step-parent may be ordered to top up the support to an appropriate level.
• Full Table Support: If the biological parent is absent, unreachable, or unable to contribute, like in CC v JP, the court may order the step-parent to pay the full amount as if they were a biological parent.

Don’t Make Assumptions—Get Legal Advice

Section 5 of the Guidelines gives courts flexibility and discretion. The law requires a careful assessment of all parental roles and the child’s financial needs. This means:

• Do not assume you will pay nothing just because you’re not the biological parent.
• Do not assume you’ll automatically owe the full table amount either.
• The outcome will depend on your role, the involvement of the biological parent, and the child’s needs.

Because the outcome is so fact-driven and discretionary, it’s important to get legal advice when faced with child support based on Section 5 of the Federal Child Support Guidelines.