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ARTICLE · 28 SEPTEMBER 2020

Determining The Child Support Obligations Of A Step Parent

Devry Smith Frank LLP
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A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines ("Guidelines"). The amount a step-parent...

CanadaFamily and Matrimonial
Devry Smith Frank LLP
Devry Smith Frank LLP
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A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines ("Guidelines"). The amount a step-parent will be ordered to pay is at the discretion of courts. When exercising this discretion, the court will look to the other provisions of the Guidelines, and to any other parent's obligation to support the child (including biological parents). The approach courts take to calculate the amount of child support owing by a step-parent can vary. They range from apportionment to percentages and top-ups. However, the case law has carved out several principles that courts generally follow in their determination of a step-parents' child support obligations. These principles are described below.

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