5,310
edits
Changes
→Death of the payor
A number of readers have asked whether they will have any responsibility to make child support payments if their partner, who is a parent or guardian with an obligation to pay child support, dies. The simple answer to that question is no, they won't be responsible. The fact that they are in a relationship with a paying parent doesn't necessarily mean that they will have a duty to keep paying support if that parent dies.
While that is a good general rule, and one you can probably rely on, it is possible that a claim could be made against the new partner as a "stepparent" of the child under the ''[[Family Law Act]]''. The act says that all parents, guardians, and stepparents are required to support their children, but section 147 says that stepparents who are obliged to pay child support must have contributed to the support of the child for at least one year. In other words, a new partner someone who marries or begins to live with a paying parent may have an obligation if they have contributed to the support of the child. Again, while this is technically possible, orders against new partners following the death of the paying parent are extremely rare.
==Agreements and orders for child support==