When will a court award child support to a biological parent who has never been a custodial parent?
British Columbia, Canada
The following excerpt is from R.A.V. v. S.M.I.V., 2007 BCSC 1896 (CanLII):
The role of the biological non-custodial parent or other step-parents is another consideration. If that parent has or is assumed to have the ability to pay support, that should be taken into account in determining quantum, but not necessarily the duration of the award. In considering this factor, Steel J.A. in Monkman v. Beaulieu, 2003 MBCA 17, said this at paragraph 56: A court should not reduce the amount of support that a child is potentially entitled to receive from an alternative parent on the basis that the biological non-custodial parent has a child support obligation if there is actually no prospect of support from that source... A similar observation could be made about other step-parents. As with biological non-custodial parents, the onus is on the parent with the ability to enforce the obligation to pursue it or explain why it ought not to factor into the analysis.
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