Niesen v. Niesen
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.
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.
(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.
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.
Trial court does not have to consider support of spouse’s children from prior marriage.
Stepparent ordered to pay support under doctrine of equitable estoppel. Reversed on appeal.
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.