Can a stepparent who stands in loco parentis for child support be ordered to pay full guideline support?
Ontario, Canada
The following excerpt is from Spry v. Shetler, 2021 ONSC 603 (CanLII):
In Truong v. Truong, Bielby J. found that the applicant mother had made a decision not to pursue the biological parent for child support, instead deciding to pursue the respondent stepparent who stood in loco parentis (at para. 24). Bielby J. decided that the respondent stepparent should not be required to pay full guideline support because the applicant had chosen not to pursue the child’s biological parent for support, who had a legal obligation to support the child (at paras. 24-25).
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