Step-parents can make huge impacts on the lives of their spouse’s children. They can love and support them financially and attend all their extracurricular activities. Unfortunately, there are instances when the step-parent and their spouse don’t see eye to eye, leading to a divorce.
In 2021, Pennsylvania had over 30,000 divorces. Of those divorces, many stepparents wondered about step-parents’ child support after divorce.
Please continue reading below if you are a loving and supportive stepparent who wants to know more about their rights and if they owe their ex-spouse child support. We will cover what you need to know about your role in child support and who you can contact for more information.
Step Parents Child Support During Marriage
In general, the biological parent of the children has to take care of financially supporting the children. The stepparent’s income is not typically factored in when calculating the child support obligation.
Many courts recognize that stepparents have a relationship with the stepchild due to the nature of the marriage. Some states require step-parents to support stepchildren, but Pennsylvania is not one of them.
If the stepparent did not formally adopt the child, they might not have any child support obligations, but of course, this is up to the court. If the stepparent decides they want custody of the child after the divorce, the court may order them to pay child support.
Step Parents Child Support After Divorce
As mentioned earlier, the court may order the stepparent to pay child support after the divorce. This is only if the parent decides to seek custody of the child by adopting them. If a Marital Settlement Agreement states that the stepparent agrees to pay child support, they will have to pay child support after the divorce.
Exceptions to This Rule
An exception may require the step-parent to pay under the Estoppel Doctrine. This doctrine prevents the stepparent from taking a different position regarding the child or reneging on a promise if the change financially harms the child.
For the Estoppel Doctrine to apply, there three conditions must be met. The first condition is Representation. This means that the stepparent assumed the role of the child’s parent, and they provided financial support for them.
The second condition is Detriment. This happens when the stepparent hinders the child’s relationship with the biological parent, severing the child’s ability to receive financial support from that biological parent.
Lastly, there is Reliance. Reliance is when the child relies on the financial support of that stepparent. If all three of these conditions are met, the stepparent may be held liable for step-parent financial support when a divorce occurs.
Rights of Stepparents
So what are the rights a stepparent has in Philadelphia, Pennsylvania? Although there are no immediate child support obligations a stepparent has, they have custodial rights.
If the stepparent stands in loco parentis for the child, they have the right to seek custody of the child. Loco parentis means “in place of the parent.” This typically happens when a stepparent steps up and takes on raising a child without formal adoption, and the other biological parent no longer cares for the child.
This means they may take on responsibilities such as paying school tuition, taking the child to their doctor’s appointments, etc. If the court finds that the stepparent stood in loco parentis, they may have the right to custody.
General criteria for loco parentis:
- Emotional dependence of the child
- Independence of the step-parent
- Length of time, the stepparent stood in place of the parent
- Stepparent parenting level of involvement
Although there are no strict criteria the court follows to determine loco parentis, these are what the court considers. If you are unsure if you meet these requirements, it is best to contact a child custody lawyer in Philadelphia for more information.
Custody Rights After Adoption
Adopting your stepchild gives you the same rights as that child’s biological parent. This means you also carry the same obligations an average parent would over a child, such as child support. This also means you have the right to petition for visitation, partial custody, or physical custody.
If you have some concerns over custody issues over your stepchildren, for example, if your spouse dies or you two decide to get a divorce, you may want to consider adopting your stepchildren. To adopt your child, you need the consent of the biological children.
If you’re already married to one of the biological parents or live with them, the other parent may be willing to terminate their parental rights so you can legally adopt the child.
However, although we would love for things to be as simple as that, there could be pushback from the custodial parent. You will have to go to court if they disagree with giving up their parental rights. A judge will then decide what is in the child’s best interest.
What Is the Best Interest of the Child?
As mentioned earlier, if you must go to court to fight for custody of your stepchildren, the court will look at all the relevant factors and consider which is safest for the children involved. Pennsylvania law requires that the courts determine the custody arrangement based on the children’s best interest.
What the court will consider before making its final decision:
- If there is any present or past abuse
- Which party can provide adequate physical safety for the child
- The parenting duties each parent performs
- If there is any extended family available
- Child’s relationship with their siblings
- Child’s preferences are based on their judgment
- Which party is most likely to maintain a consistent, stable, and loving environment
- Which party is most likely to attend to the child’s daily educational, physical, developmental, and emotional needs
- If any party has any convictions for sexual assault, violent crimes, or any crimes against children
There are several other factors the court will consider before they make their final decision. To ensure that you get the best possible result in your case, you may want to consider speaking with a reputable family lawyer to see what your options are.
Do I Need an Attorney?
As mentioned throughout this article, if you have specific questions or concerns about your case, it is best to reach out to an attorney for more help. Family law is complex, and the court typically makes its decision case-by-case basis, so no two cases are the same.
You may want to speak with an attorney to ensure you understand your rights as a stepparent. Most reputable family lawyers provide their clients with consultations. During this time with the lawyer, they will provide you with your legal options, and they can tell you how to best approach your situation.
If you have questions about your role in child support, your lawyer will ask you specific questions so they can better understand your role in that child’s life.
Should I Hire an Attorney?
If your ex-spouse is not allowing you to see your children or is demanding that you pay child support, you may want to seek legal help. The attorney will look over the facts of your case and argue on your behalf to get you visitation or custody rights.
If the other party wants you to pay child support, but you don’t meet any of the listed requirements above for child support, your lawyer will defend you and argue that you don’t owe child support.
Help With Understanding Step Parent Financial Obligations
It isn’t uncommon for people to wonder about the role of stepparents’ child support after divorce. Most assume that the stepparent does not have to pay child support after they divorce the child’s parent, but the truth is that child support depends upon the circumstance of the child’s role in the child’s life.
Instead of wondering if you have to pay child support for your child, seek out the help of a reputable family lawyer to help you sort through the confusion. Contact us if you want to know if you owe child support for your stepchild or what rights you have as a stepparent. We are here to answer any questions or concerns about your legal role as a stepparent.
