It's not unusual for adults to step in as the caretaker of a non-biological child. Sometimes, a biological parent is unable or unwilling to provide care, and a family member or friend fills in. Other times, a stepparent may take on a parent-like role in the absence of a biological parent. However, many people don't realize that assuming a parent-like role might later obligate the caretaker to pay child support under certain circumstances.
Child support obligations are generally tied to biological or adoptive parents, but the doctrine of in loco parentis can introduce additional responsibilities for people who assume a parental role. It's critical for anyone involved in the upbringing of a child, whether biological parents or not, to clarify the financial responsibilities of those acting as caregivers to avoid potential conflict that might affect the child's well-being.
If you're assuming a parent-like role for a child and have questions about your current and future legal responsibilities, contact the experienced Family Law Team of the Lento Law Firm today. We have helped numerous families resolve issues relating to child support, in loco parentis, guardianship, and custody. We want to help you, too. Contact us today at 888.535.3686 or through our online contact form to discuss your case.
What Is in Loco Parentis in New Jersey?
The Latin phrase in loco parentis translates to "in the place of a parent." This doctrine applies when an individual who is not a biological or legal parent assumes the responsibilities and functions of a parent. This includes providing emotional and financial support, making decisions for the child's welfare, and taking on day-to-day caregiving duties. Depending on the circumstances, the concept can be temporary or long-term.
In New Jersey, a person standing in loco parentis does not automatically acquire legal rights or obligations, but they may be granted legal recognition if specific criteria are met. Some of the key factors that courts consider when determining whether someone is acting in loco parentis include:
- The degree of involvement the individual has in the child's life.
- The nature, duration, and consistency of the person's relationship with the child.
- The extent to which the person provides for the child's needs, including financial support.
- The extent to which the natural parent is involved in the child's life.
- Whether the person has taken on the role voluntarily or with the consent of the biological or legal parents.
In loco parentis, status often applies to stepparents or extended family members, such as aunts, uncles, and grandparents, who take on the care of a child. However, it can apply to any individual who takes on a parental role, including family, friends, or other caretakers.
Once an individual is determined to stand in loco parentis, they may be subject to obligations similar to those of a biological parent, especially if such financial support is in the child's best interest. For individuals contemplating taking on a parental role, it is important to understand the potential legal and financial obligations that come with standing in loco parentis. While stepping into a parental role can be rewarding, it can also lead to long-term commitments you may not have anticipated. You should speak to an experienced New Jersey family lawyer as soon as possible.
Criteria for Child Support Obligations in In Loco Parentis Cases
New Jersey law demands that biological or adoptive parents bear financial responsibility for their child. If only one parent has custody of the child, the non-custodial parent is legally obliged to pay child support. Financial obligations become more complex when a person is standing in loco parentis.
The state has no hard and fast rule for determining when a person standing in loco parentis may be required to pay child support. The New Jersey Supreme Court has explicitly stated that there is "no statutory requirement imposing a duty of support on a stepparent for his or her spouse's children by a former marriage." Nor does the law automatically require any other person to assume financial responsibility for a non-biological or adopted child in their care.
Instead, New Jersey courts generally weigh a combination of several factors when determining whether a person standing in loco parentis may be financially responsible for a child. Such factors include:
- Voluntary Assumption of Parental Duties: If an individual has voluntarily assumed the role of a parent, they're more likely to be seen as acting in loco parentis. Courts may view a person as having voluntarily assumed or accepted parental duties if they provide financial and emotional support to the child and are regularly involved in their day-to-day care.
- Length of Relationship: The duration of the relationship between the individual and the child is a significant factor in determining in loco parentis. Courts particularly examine whether the person has been in a parental role for a long time sufficient to have established a bonded, dependent relationship with the child.
- Financial Contribution: If the person has contributed financially to the child's upbringing, this can strongly indicate that they have assumed parental duties and may be legally obligated to continue.
- Intent: The individual's intent in assuming the role of a parent is significant. If they expressly intended to take on the responsibilities of a parent through words or actions, they are more likely to be required to continue supporting the child.
- Best Interests of the Child: Ultimately, New Jersey courts are guided by the child's best interests. If imposing a child support obligation on the person standing in loco parentis would serve the child's best interests, the court is more likely to impose such an obligation.
The sum of these factors determines whether a person standing in loco parentis will be considered financially responsible for the child. No single factor is likely to tip the balance of legal financial responsibility from the natural parent to the person acting in loco parentis.
The Miller v. Miller Case
New Jersey courts often look to the landmark case of Miller v. Miller to determine whether a person, particularly a stepparent, may be financially responsible for a child in their care. In Miller, a mother of two sued her ex-husband to financially support his minor stepchildren, her biological children, after their divorce. The ex-husband had financially supported the children during the marriage and emotionally bonded with them as well. The children took his last name, and he'd declared them as dependents on his tax returns. The children's biological father was in jail during the Millers' marriage. But upon his release, he tried to resume contact with them and provide financial support. The stepfather refused to allow the biological father to have anything to do with the children and even ripped up the child support checks the father sent.
The case went to the New Jersey Supreme Court. Based on the doctrine of equitable estoppel, the Court held that the stepfather was obligated to pay child support even after the divorce. Equitable estoppel is a legal principle that prevents a person from going back on their word or denying something they previously represented if another party has relied on that representation to their detriment. Here, the stepfather had not only taken on financial responsibility for the children, he sought to prevent the children's biological father from supporting them. The children thus relied on the stepfather's assumption of responsibility for them to their detriment.
This case highlights that, despite the presumption that parents are responsible for financially supporting their children, New Jersey courts are willing to impose child support obligations on individuals standing in loco parentis, especially if they have created a relationship where the child has come to rely on them for support.
By imposing child support obligations on individuals standing in loco parentis, the courts seek to ensure that children continue to receive the financial and emotional support they need, regardless of changes in family dynamics. This approach reflects a recognition that the child's best interests must come first and that financial support is a crucial part of ensuring the child's well-being.
What You Need to Know About Child Support in New Jersey
If you're standing in loco parentis and held responsible for paying child support in New Jersey or think you might be held responsible, it's important to know how the court will calculate the amount of child support you'll owe. Courts generally aim to ensure that the child maintains a standard of living similar to what they would have experienced had their parents married or otherwise remained together. The law does not distinguish adults standing in loco parentis, but one may expect the courts' goals to be similar.
In determining contribution amounts, the state follows a rather complex calculation formula called the New Jersey Child Support Guidelines, which take into account the following eight factors. (For this blog post, consider the term "parent" to include a person standing in loco parentis and held responsible for child support.)
The Income of the Parties
In child support cases, almost all forms of income must be considered, including wages, overtime, lottery winnings, and even unemployment benefits. However, certain types of assistance, like welfare or disability payments, are excluded. If a parent is unemployed but capable of working, the court can assign an income based on their potential earning capacity, and this imputed income will be used to calculate their support obligation.
Tax and Deduction Considerations
The guidelines permit only a limited number of deductions when calculating child support. The court determines the appropriate tax liability for each parent. Certain voluntary deductions, such as contributions to a credit union or retirement plan, are added to ensure that only mandatory deductions are subtracted.
Combining Net Incomes
Once each parent's post-tax income is calculated, their earnings are combined into one total to mimic how financial resources are shared in intact families. The court then refers to a chart in the Guidelines that provides the basic child support amount based on the combined income and the number of children.
Apportioning the Child Support Obligation
The child support obligation is split equally if both parents earn the same net income. However, the higher-earning parent will contribute a more significant share when incomes differ. For example, if one parent earns 60% of the combined income, they may be responsible for 60% of the child support, while the other parent covers 40%. Note that in cases where one parent is on welfare or otherwise unable to contribute, the other parent may bear the entire burden of support.
Adjustments for Visitation and Shared Parenting
When parents have a shared custody arrangement, the parent who pays support may be entitled to an adjustment based on the number of days they spend with the child. This adjustment varies depending on the non-custodial parent's time with the children and their overall financial situation.
Additional Costs and Special Deductions
Certain costs, such as child care or health insurance for the children, are added to the basic support obligation and divided between the parents according to their income shares. Similarly, deductions for other commitments, like existing child or spousal support, may be considered. Some government benefits can also reduce the obligation.
Ensuring Financial Stability
The law includes safeguards to prevent a parent from being left in financial hardship due to child support payments. Exceptional poverty and shared-parenting income tests ensure that the paying parent is not left without sufficient resources while prioritizing the children's financial needs.
The Final Child Support Order
Once all these factors are accounted for, the court arrives at the final child support amount. If any party believes this amount is inappropriate, they must provide a valid reason for deviating from the standard calculation, and the court must approve the change. The best interest of the child, however, remains paramount.
Once a child support order is established, both parents are legally required to comply with its terms. Child support is typically paid until the child reaches 18, but the responsibility may be extended in certain cases, such as when the child is still in high school, attending college, or having special needs.
Seek Advice From Experienced New Jersey Family Law Attorneys
If you're caring for a child who is not yours biologically or are a biological parent whose child is being cared for by someone fulfilling a parent-like role, you may need clarity about each person's financial responsibilities toward the child. Contact the Family Law Team at the Lento Law Firm for advice on navigating this situation, avoiding conflict, and ensuring that your rights are upheld and the child is protected. Call 888-535-3686 or go online to schedule a time to discuss your situation with us today.
