In loco parentis


#1

Does a stepparent’s obligation to support a stepchild end upon the stepparent’s leaving the stepchild’s home during a separation or does it end upon divorce?


#2

A stepparent is not under any legal obligation to support a stepchild.


#3

Thanks… I just found the statute I was looking for. There is some really misleading information on the net in the guise of authority.


#4

You’re welcome. It’s worth noting to you that a stepparent can voluntarily assume child support through a contract, such as a separation agreement, but that would come in under contract law. The child support guidelines do not, however, not impose such a burden on a stepparent. The exception would be for those who assume the responsibility (i.e. through a SA), or for those who’ve adopted the child. From the guidelines: A parent’s financial responsibility (as determined below) for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is deducted from the parent’s gross income.

Child support is calculated based on the income of the two biological or adoptive parents for the minor children. The income of stepparents does not factor into the calculation for child support. However, if one of the biological parents remarries and has another child, the stepparents income and the fact that they have another child together, will impact the child support. In that case the attorney would be entitled to information about both parents. If there are no children other than the one that the parties modifying child support have in common, the stepparent’s income is not included.