Child Support Guidelines: Multiple Parents = Multiple Payors: How do step-parents factor into the child support guidelines?

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  Katrina Wiegers
  Lawyer

For our final week on the child support guidelines we are discussing how courts handle multiple payors of child support in this blog: Child Support Guidelines: Multiple Parents = Multiple Payors: How do step-parents factor into the child support guidelines?. When parents separate, the responsibility for supporting their children is not limited to just the biological parents. In families where one parent remarries or enters a common-law relationship, step-parents may also be called upon to contribute to child support if the relationship breaks down.  

Step-Parents: is the obligation the same? 

However, unlike biological parents, a step-parent’s obligation to pay child support is not clearly defined by specific rules or formulas. Under section 5 of the Federal Child Support Guidelines, the amount a step-parent may be required to pay is determined by the court, which takes into account the existing obligations of the biological parents. This discretionary approach creates a significant amount of variability in how step-parent support obligations are handled. 

The quantum of child support that a step-parent may be ordered to pay is largely at the discretion of the court. Unlike biological parents who are typically required to pay a fixed amount based on their income, step-parents do not have an established formula for their contributions. Courts tend to focus on the needs of the child rather than the interests of the parties involved, with the ultimate goal being to ensure a fair standard of support for the child. As such, courts have developed several methods to determine how much a step-parent should contribute. 

How does the court decide quantum? 

While no single method is universally applied, there are a few common approaches that courts may use to determine the appropriate amount of child support from a step-parent. 

1. Non-Mathematical Approach 
   This is the most frequently used method and does not rely on a specific mathematical equation. Instead, it involves weighing various factors in the case to determine the extent to which the step-parent’s contribution should fall below the guideline amount. This approach allows for flexibility based on the unique circumstances of each case. 

2. Subtraction Method 
   Under this approach, the court first calculates the full child support amount that the step-parent would have been required to pay according to the Guidelines. Then, the court subtracts the financial contribution of the non-custodial biological parent. This ensures that the child’s support is shared fairly between the biological parent and the step-parent. 

3. Cumulative Approach 
   This method would require both the biological parent and the step-parent to pay the full child support amount according to the Guidelines. However, this approach is generally not favored by courts, as it can lead to an unfair duplication of support. 

4. Apportionment Based on Fair Standard of Support 
   This approach focuses on the child’s needs, ensuring that the child’s support is fair and equitable. Courts may consider several methods to determine a fair standard, such as combining the pre- or post-separation incomes of both biological parents and the step-parent, or looking at specific expenses incurred by the custodial parent in supporting the child. 

Caselaw examples 

Although there is no definitive formula for step-parent support, case law provides valuable insight into how courts approach these situations. In cases like Stadig v. Stadig (2013) the courts have used the subtraction method, adjusting the step-parent’s support obligation based on the financial contributions of the biological parent. In Hilliard v. Popal (2010), the court considered the significant role the stepfather had played in the child’s life, reducing the biological father’s contribution and assigning a greater share of the support responsibility to the stepfather. 

The issue of child support in families with multiple parent payors is complex and varies depending on the circumstances of the case. As this area of law continues to evolve, consulting with a lawyer at McKenzie Lake Lawyers to understand the various approaches used to calculate step-parent support can help you navigate the complexities of family law effortlessly. 

If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.