Can a non-biological parent be responsible for child support?

A person can also be liable for child support for his/her dependent child if he/she has assumed the role of a parent for the child.  This person is deemed to be in loco parentis to the child (or stands in the place of a parent to the child).  In determining whether or a not a person stands in loco parentis to a child, a court will examine various aspects of the child’s relationship with the adult, including, but not limited to, the following:

(a) financial connection;

(b) social interaction;

(c) emotional interaction;

(d) role in discipline;

(e) role in education; etc.

The longer the parent’s relationship and interaction with the Child, the more likely that a parent will be deemed to be in loco parentis with the Child.    However, the courts have also found that a person does not have to be considered loco parentis to a child just because he/she was being pleasant to the Child.  It is important to note that it is not be possible to enter into a Domestic Agreement with a parent that provides the future spouse/partner will not be deemed to stand in loco parentis to the Child.     You cannot contact out of your obligation to pay child support.

Potential future child support obligations should be a serious consideration if you are involved in a relationship with someone who has a child.  You have to carefully consider the implications of marrying or living with someone who is a parent and is caring for a child.  If there is a future breakdown of the relationship, it is very possible that you may be deemed to have a support obligation for your former partner’s child as long as the child is considered a dependent.

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