Step-Parent Support of a Step-Child

ISSUE: When is a step-parent financially responsible for the support of a step-child?

Section 415 of the Family Court Act governs the duty of individuals to financially support their step-children.  Under this section, if a child under the age of twenty-one (21) is a recipient of public assistance or is likely to become in need of public assistance, the child’s step-parent has a duty to support the child.        

      

It has been consistently held that an individual is responsible to financially support a step-child when there is evidence that the step-child is likely to become a public charge. See, Baird v. Baird, 357 N.Y.S.2d 327 (N.Y. App. 4th Div. 1974).  In determining whether to vest a support obligation upon step-parents, “biological parents have primary responsibility for child support,” while “step-parents are responsible only if the support from the biological parents is insufficient to keep the child off public assistance.” Commissioner v. Lawrence F., 629 N.Y.S.2d 706 (N.Y. App. 4th Div. 1995) (citing, Matter of Monroe County Dept. of Social Servs. v. Palermo, 596 N.Y.S.2d 252 (N.Y. App. 4th Div. 1993)) (emphasis added).

When a petition for support of a step-child is brought without first seeking support from a biological parent, the Family Court does not abuse its discretion in terminating a support order that requires a step-parent to financially support the step-child. See, Lawrence F., 629 N.Y.S.2d at 706.  In Lawrence F., an individual was ordered to pay for the support of his step-child. Id.  Upon the step-parent’s objection to the support order on the grounds of financial hardship and that the petitioner did not first seek support from the step-child’s biological father, the Family Court terminated the support order. Id.  On appeal, the Family Court’s termination of step-child support was unanimously affirmed on the ground that biological parents are primarily responsible for the support of their children, rather than step-parents. Id.

Similarly, a trial court may defer the issue of step-parent support while petitioner makes efforts to obtain support from the step-child’s biological parents. Palermo, 596 N.Y.S.2d at at 253.  In Palermo, the department of social services sought an order directing a step-father to pay support for his step-children. Id. at 252.  The petitioner failed to show any attempt to recover support from the step-children’s biological parents. Id. at 253.  The trial court deferred the issue of step-parent support while the petitioner made attempts to obtain support from the biological parents.  On appeal, the Family Court’s deferral was unanimously affirmed. Id. 

Put simply, if you want financial support from a step-parent:

1.      Try to get (more) support from the parents first, and

2.      The child must otherwise be likely to have to go on state assistance (welfare).