Miller v. Miller

In Miller v. Miller, 97 N.J. 154, 167, 478 A.2d 351 (1984), the Supreme Court clarified the standard for applying principles of equitable estoppel. The Court held that a stepparent must make some representation of support to either the child or the natural parent before he or she can be obligated to continue that support. Miller, supra, 97 N.J. at 167, 478 A.2d 351. Although the Miller case specifically dealt with the issue of pendente lite support, the holding is equally applicable to permanent support obligations. Id. at 159, 478 A.2d 351. In Miller, the stepfather supported the children of his wife for seven years, as their father. Id. at 160, 478 A.2d 351. There was evidence that although the children knew he was not their father, they considered him their father and loved him very much. Ibid. Additionally, the children had used the stepfather's surname while they were in school. Id. at 161, 478 A.2d 351. The Court, in Miller, held that in order to obligate a step-parent to continue permanent child support, there must be evidence of: representation; reliance; detriment. Id. at 167, 478 A.2d 351. Further, the Court found that there must be some evidence "that the children will suffer future financial detriment as a result of the stepparent's representation or conduct that caused the children to be cut off from their natural parent's financial support." Id. at 168-69, 478 A.2d 351. As a result, a "natural parent should always be considered the primary recourse for child support," however, a step-parent can still be held accountable for a child's continued support. Id. at 169, 478 A.2d 351.