Child Support in Canada: Emotional Bond vs. Legal Responsibility for Stepfathers

How Support Is Decided If the Court Finds You “In Loco Parentis” Even if you never paid during the relationship, the court can still order you to pay after separation. Under Section 5 of BC’s Child Support Guidelines, the court uses discretion, not a fixed table, for step-parents.

Factors include:

• What the child needs
• What the biological parent contributes
• The standard of living you helped create
• Your ability to pay

If the biological parent pays enough → You may owe nothing.

If the child depended on you or you offered a high standard of living → You may owe more.

Final Summary You can emotionally support a child without becoming legally responsible — but once you cross the line into acting like a parent, the law may impose obligations.

The term “loco parentis” is a legal threshold, not just emotional.

If you never paid, never took full responsibility, and the child had other sources of support, you have a valid legal position — though success depends on the facts of your case.