Equitable estoppel may be an appropriate doctrine to apply in some stepchild support cases. But, in this case, mother failed to demonstrate to a high enough degree of certainty that stepfather made an unequivocal representation of intent to support the child.
Stepparent ordered to pay support under doctrine of equitable estoppel. Reversed on appeal.
Trial court does not have to consider support of spouse’s children from prior marriage.
In appropriate cases, child support liability can be imposed upon a nonbiological parent on the basis of equitable estoppel. Facts in this case, however, are insufficient.
In appropriate cases, child support liability can be imposed upon a nonbiological parent on the basis of equitable estoppel. Facts in this case, however, are insufficient.
(1) Support for spouse’s children is a factor court can consider in property division. (2) If stepparent stood in loco parentis, support was gratuitous and will not be returned. (3) Question of in loco parentis depends on stepparent’s intent to assume obligations.
Stepparent may place himself in position of parent and assume an obligation to support the child, but a good samaritan should not be saddled with the legal obligations of another.