It is common for children to reside in blended families, including biological, adopted and stepchildren. During the period of time that they are married, stepparents often assume the same roles and responsibilities as biological parents and provide emotional and financial support to their spouse’s children from prior relationships. A frequent question from stepparents concerns whether they are liable for paying child support for their stepchildren in the event of the termination of the marriage.
In accordance with New Jersey law, biological parents are responsible for providing financial support to their children, and the general rule is that third parties are not responsible for paying any child support for non-biological children. However, there are exceptions and unique circumstances where the role of a stepparent is relevant for consideration in the determination whether there is a child support obligation.
In addition, if a stepparent adopts a stepchild, they assume all responsibilities and acquire all legal rights, the same as a parent. In such an event, a stepparent will be required to pay child support if a separation or divorce occurs in the future. Further, a court will consider specific criteria to decide whether the common law legal doctrine of in loco parentis is applicable. The courts apply this doctrine in cases where a non-parent has acted in the role of a parent to a child, both financially and emotionally, and essentially stepped into the shoes of the biological parent. Evidence must be provided to the court that demonstrates the individual’s role in providing consistent care and supervision while acting in a meaningful parental role.
A court will also consider specific criteria, including, but not limited to, factors such as whether the child’s other biological parent is not present in the child’s life, the length of the relationship between the child and the stepparent, and whether the child is emotionally and financially dependent on the stepparent. When the child has known only the stepparent as a parental figure since birth or from a very young age, the likelihood of a strong emotional connection and financial dependency is stronger. This is a fact sensitive inquiry in which the court will engage in a best interest analysis of the child, and the court has the ability to order a stepparent to continue financial support of the child until emancipation.
In summary, there is no guarantee that the court will mandate a stepparent to continue financial responsibility of a stepchild after a divorce, particularly as there is no statutory requirement unless the stepparent has legally adopted the child. If a stepparent provides financial and emotional support for the stepchild during the marriage, the spouse who is the biological parent will have a stronger case to argue for the stepparent to be responsible for child support.
If you find yourself in a situation where your current spouse is seeking child support for your stepchild during a divorce proceeding, contact an experienced family law attorney at Cohn Lifland. We can discuss your unique situation and evaluate the relevant factors related to the issue of a child support obligation for your stepchildren after the entry of a Final Judgment of Divorce.