Child Support in North Carolina: Can Stepparents be Ordered to Provide for Stepchildren?

Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything.

If the court determines that someone not named in the case is a necessary party, they may be able to join that person to the case and order them to do or not do something. Stepparents are often central figures in their stepchildren’s lives, making cases like child support more complex.

Gavia v. Gavia

In the case of Gavia v. Gavia, Mother’s husband was ordered by the trial court to provide health insurance for the parties’ children. In her appeal, Mother claimed, among other issues, that the trial court erred in its findings of fact and child support calculations. The cost of health insurance was a central point in these support calculations.

The parties had two minor children and filed for divorce in 2018. A divorce order was granted, but a hearing for custody and support was not held until April 2022. After entry of this order, Mother appealed. She stated that some of the trial court’s findings of facts were unsupported by competent evidence and that the court erred in awarding a support amount of $461 per month.

The trial court’s ruling and findings of fact included Mother and Father’s respective monthly incomes and the monthly costs for the children’s health insurance and daycare, which Father paid. On these issues, the Court of Appeals vacated the lower court’s order and remanded because there was no evidence to support the amounts.

Regarding the health insurance, the trial court stated that Mother’s husband, who was not named as a party to the case, was to enroll the children into his insurance. However, the appellate court vacated this ruling because North Carolina law states that, absent evidence and a finding that a third party has chosen to assume the obligation of supporting someone else’s children, there is no duty for a stepparent to support stepchildren. The case was remanded for further proceedings so the trial court could make a ruling that did not require the stepfather to act or, in the alternative, could join him to the case as a necessary party.

If a court does not join a third party to a case, it cannot require them to perform any function as part of the court order. Contact an experienced North Carolina family law attorney if you have questions about your case.