Can a step-parent be required to pay child support?
Depending on where you live, a step-parent can be required to pay child support. Step-parents may be expected to pay child support both during a marriage and after, should there be a separation or divorce. Read now for a list of states that require step-parents to pay child support. If you need to speak with a family lawyer, enter your ZIP code below to find a local attorney for free.
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UPDATED: Jul 12, 2023
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UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Step-parent child support was not required according to traditional common-law rules, however, many states have since passed statutes requiring step-parent support.
Whether step-parent support during marriage or step-parent support after marriage is required may depend on the state.
Table of Contents
Step-Parent Support During Marriage
As a general matter, the duty to support a child belongs to his or her parents. As such, the income of a step-parent is usually not factored in when calculating the child support obligation of the non-custodial parent.
However, the courts also recognize that step-parents do have a relationship with their stepchildren by virtue of the marriage to the mother or father of the child.
In recognition of the relationship between step-parents and step-children that brings about an obligation of sorts. There are twenty states that have statutes requiring step-parents to provide support for their step-children while the step-child is living in the same household.
In some cases, those requirements do not kick in unless the custodial parents become unable to support the child. For example –
Under Delaware Annotated Code Section 13, Chapter 5 section 501(b): “Where the parents are unable to provide a minor child’s minimum needs, a step-parent or a person who cohabits in the relationship of husband and wife with the parent of a minor child shall be under a duty to provide those needs. Such duty shall exist only while the child makes residence with such step-parent or person and the marriage or cohabitation continues.”
Other states that have statutes requiring a step-parent to support a stepchild during the marriage include:
- Iowa
- Kentucky
- Montana
- Nebraska
- Nevada
- Utah
- Washington
- Maine
- Missouri
- New Hampshire
- New Jersey
- New York
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- South Dakota
- Vermont
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Step-Parent Child Support After Divorce
Step-parent child support is usually not an obligation for step-parents unless the step-parent adopts the child or has signed a Marital Settlement Agreement agreeing to pay child support to the other parent for the step-child. This is true even in states that have statutes requiring step-parent support during the marriage.
There is an exception, however. Depending upon the jurisdiction that the step-parent is in, the custodial parent may be successful in seeking child support from the step-parent under the Estoppel Doctrine. The Estoppel Doctrine prevents a step-parent from taking a different position with regard to the child or reneging on a promise if the child would be financially harmed by the change.
Three conditions must be met in order for the doctrine to apply:
The first condition is Representation, which is illustrated when the step-parent assumes the role of the child’s parent and provides financial support for the child.
The second condition is Detriment, which is demonstrated by a step-parent who hinders the child’s relationship with the biological parent and severs the child’s ability to get financial support from that parent.
The third condition is Reliance, whereby the child relies upon the financial support of the step-parent. If a divorce occurs and all three conditions exist, the court may rule that the step-parent is responsible for step-parent child support.
Case Studies: Step-Parent Child Support
Case Study 1: Step-Parent Support During Marriage
Sarah and John are married, and Sarah has a child from a previous relationship. They live in Delaware, where the law requires step-parents to provide support for their step-children while living in the same household. Sarah’s ex-partner is unable to provide for the child’s needs, so John assumes the responsibility of supporting the child financially during their marriage.
Case Study 2: No Step-Parent Support After Divorce
Emily and Mark get divorced after five years of marriage. Emily has a child from a previous relationship, and Mark never adopted the child. In their divorce agreement, they did not include any provisions for step-parent child support. As a result, Mark is not legally obligated to provide financial support for the child after the divorce.
Case Study 3: Step-Parent Support Under the Estoppel Doctrine
Alex and Jessica are married, and Alex becomes a step-parent to Jessica’s child. They live in a jurisdiction that recognizes the Estoppel Doctrine. Alex assumes the role of the child’s parent, provides financial support, and hinders the child’s relationship with the biological parent. After a divorce, the court may require Alex to continue providing step-parent child support based on the three conditions of the Estoppel Doctrine.
Case Study 4: Variation in State Laws
David and Lisa are married, and David becomes a step-parent to Lisa’s two children. They live in a state that does not have specific statutes requiring step-parent support during the marriage. However, the court considers the step-parent’s income and financial contributions when determining child support obligations during divorce proceedings. David is required to pay child support based on his financial circumstances.
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.