Section 5 of the Federal Child Support Guidelines – Step-Parents

This section permits the court to award a quantum of support that is different than as set out in the Guidelines if the payor is not the biological father of the child.   After their relationship with the biological parent ends, although some step-parents may try to terminate their relationship with a child in order to avoid a child support obligation, their efforts will likely not be successful.  The Supreme Court of Canada has held that a person who has stood in the place of a parent in “relation to a child at some point cannot later withdraw from the relationship unilaterally”.

The courts have not set a firm formula for the determination of child support for step-parents.  They have ordered full guideline support, set off support vis a vis the biological parent or ordered proportionate support.

As  a result, it is important to obtain competent Toronto family lawyer to assist in evaluating your claim if you are seeking support from a step-parent or responding to a claim for support from a biological parent. If you have any questions regarding family law, or require a Toronto divorce lawyer, feel free to contact us today! We welcome any inquiries.