[Jake2008]

I have tried to find an answer to this question online, and cannot get a hint of an accurate answer. I'm hoping somebody will know the answer here.

A friend of mine had been in a common law relationship (Ontario), for 8 years. His common law 'wife', has two children, both from different fathers. My friend is not the father of either, biologically. They split two years ago.

She is now claiming that she can go after him for child support.

Is this possible?

[GV70]

In certain circumstances, upon a subsequent separation, adults in such families who have acted in the role or stead of a parent may have a legal obligation to contribute toward the support of their non-biological children of such blended relationships.

Whether a person has stood in loco parentis, or in the place of a parent, is a factual question determined by the courts based on the individual circumstances of such families.

In Chartier v. Chartier, the Supreme Court of Canada stated that "the nature of the relationship" between step-child and step-parent must be determined in light of the particular familial circumstances, to asses whether the step-parent meets the threshold of loco parentis.

Some of the factors the court may take into consideration in determining whether the step-parent meets the threshold of standing in the place of a parent include:

* the duration and nature of the step-parenting relationship
* step-parent's involvement in the child's day-to-day life, discipline, extra-curricular activities, and schooling
* the step- parent's financial contribution to the child
* the child's participation in the step-parents extended family's activities;
* the relationship between the step-child and step-parent after separation.
* how the child referred to the step-parent;
* another biological parent's involvement in the step-child's life;
* any discussion relating to the possible adoption of the child

Where a step-parent is found to have an obligation to pay child support, the amount payable is determined with reference to the Child Support Guidelines. Children may be entitled to full Guideline support from more than one parent. The child support payable by a step-parent will not be reduced on the basis that additional support is received or payable by another parent for the same child.

Where there are multiple support payors, however, special expense claims under section 7 of the Guidelines are properly shared and apportioned, proportionately, between the support recipient and all such payors

[ScottGem]

I'm wondering if another factor would be whether there are existing support orders against the bio fathers.

[GV70]

A few of important points come from the case law :

1. these definitions /from the Family Relations Act / make both parents responsible to pay child support, no matter the nature of the parents' relationship;
2. child support can be payable by guardians and stepparents;
3. the definition of "stepparent" includes anyone who has contributed to the support of the child for at least one year, and therefore includes same-sex partners and anyone who has otherwise stood in loco parentis to the child;
4. the phrase "contributed to the support and maintenance of the child for at least one year" does not mean for one whole, consecutive calendar year;
5. any application for child support from a stepparent must be brought within one year of the date of the stepparent's last contribution to the maintenance of the child;
6. child support can be payable by a parent and a stepparent, and by more than one stepparent, at the same time;
7. there is no distinction between the duty of a parent and a stepparent, meaning that a natural parent's obligation doesn't necessarily take priority over the stepparent's obligation or relieve the step-arent from that obligation; and,
8. child support can be payable after the child turns 19 if the child is unable to withdraw from the care of his or her parents because of illness, a reasonable delay in finishing high school, or the child's pursuit of post-secondary education.

[GV70]

I'm wondering if another factor would be whether there are existing support orders against the bio fathers.

Oh,Scott!
There is a famous lady from Vancouver who is getting full amount child support from 5/FIVE/ men.It is about $10000 a month...
Have a look at p 7 above.

[ScottGem]

Interesting! However, I think point 5 lets the Jake's friend off the hook.

5. any application for child support from a stepparent must be brought within one year of the date of the stepparent's last contribution to the maintenance of the child;

Since she stated; "They split two years ago."

[GV70]

Interesting! However, I think point 5 lets the Jake's friend off the hook.

5. any application for child support from a stepparent must be brought within one year of the date of the stepparent's last contribution to the maintenance of the child;

Since she stated; "They split two years ago."

I pray she is not on welfare... Otherwise there is no time limit.
When a parent entitled to receive child support goes on welfare, the government agrees to provide support for that parent and his or her child. If there is someone else who might be obliged to support the child, such as the other parent and stepparent, the provincial government would prefer that this person pick up the tab rather than the tax payor, and the government will usually come knocking on the other parent's door.

Chaetier v. Chartier-, the lack of post-separation contact is irrelevant


T.D.O. v.R.G.O-49] The order against a stepfather was nonetheless found justifiable:

"… It would be contrary to public policy to expect taxpayers to relieve spouses and children of their support obligations.",
In addition, the failure to locate the children's fathers does not result in the province stepping into the role of natural fathers and does not bring with it a legal duty on the province to support the children of the marriage."