To maintain or not to maintain – the duty of step-parents to provide financial support

The nuclear family has evolved over the years and now no longer comprises of just Mum, Dad and two kids. More and more we see blended families forming. In some situations one person may bear the financial burden for that whole family, including his or her non-biological child or children. But when these families then break down who bears the financial responsibility for the children?

Each parent has the duty to provide financial support for his or her children. But does a step-parent have the duty to pay maintenance for his or her step-child? Generally, and in most circumstances, the answer will be no. That is because the biological parents have the primary obligation to provide financial support for his or her child. But the answer may not always be so straightforward and simple.

It is possible for the Family Court to make orders for a step-parent to pay financial support for a step-child if it thinks it is appropriate. There are various factors that need to be considered:

• the length and circumstances of the marriage;

• the relationship of the step-parent with the parent of the child;

• the relationship that existed between the step-parent and the child;

• the arrangements that have existed for the financial support of the child; and

• any other specific special circumstances that should be taken into account.

There is no rule or formula as to how much a step-parent will be required to pay if an order is made by the Family Court. The actual amount payable will all depend on the circumstances of each individual case and on the following factors:

• ensuring children receive adequate financial support from their biological parents;

• that a step-parent's duty is a secondary one;

• financial matters, such as:

  • the income, earning capacity, property and financial resources of the parties;

  • the other necessary financial commitments of the party;

  • the costs incurred by the parent in providing care for the child; and

  • any special circumstances which would result in injustice or undue hardship to any person; and

• the extent to which the biological parents are financially supporting the child.

If you find yourself in a position where your relationship has broken down, you have been the primary financial support for your step-child, and you don't know what your obligations are going forward, we can help you.