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By LegalMatters Staff • Federal and provincial legislation stipulates that anyone acting as a step-parent for a child may be expected to pay child support if their partner dies.
According to the federal Department of Justice, “once a step-parent relationship has been established, the obligations of that step-parent towards the children are similar to those of the natural parents … judges [can] set a child support amount they consider appropriate. When making this decision, judges must take into account the amount set out in the child support tables and the legal duty of any parent other than the step-parent to support the children.”
Relying on the Federal Child Support Guidelines, a judge can order a person who is not a parent but who has stood in the place of a parent (sometimes called in loco parentis) to pay child support.
“In some provinces, judges are left to determine if someone is standing in place of a parent, but legislation in Alberta is more precise,” says Edmonton family lawyer Peter Ewanchuk. He explains the Alberta Child Support Guidelines sets out clear rules establishing when a person stands in the place of a parent and must pay child support.
“The guidelines define a person standing in the place of a parent as a person who is or was the spouse of the mother or father of the child or who is or was in a relationship of interdependence of some permanence with the mother or father of the child,” Ewanchuk says.
“Or it can be someone who has demonstrated a settled intention to treat the child as their own child,” he adds. To determine if someone has treated a child as their own, Ewanchuk says the guidelines set out factors that include the child’s perception of the person as a parental figure and the extent to which the person is involved in the child’s care, discipline, education and recreational activities.
“Simply stated, if a person has lived with a child for a number of years and has helped support the family, they will likely be deemed to be liable for child support if the other partner dies,” he says.
Families and courts can reference the Alberta Child Support Calculator to determine how much a step-parent should pay in child support. The resource urges people to seek legal advice to arrive at equitable support payments, noting: “The Alberta child support calculator is here for informative purposes only. It is not intended in any way to replace the advice of a qualified legal professional.”
“The amount of child support you may be required to pay to a step-child, in the event of your partner’s death, will depend on the unique facts of your case,” says Ewanchuk. “Federal and provincial guidelines can give you some insight into your obligations, but if you are in this situation, you will benefit from legal counsel.”
