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https://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/step8-etap8.html
Aug 23, 2017 · Sometimes the amount of child support determined under the Federal Guidelines, when combined with other circumstances, may create undue hardship for you or your child. If this happens, a different child support amount may be appropriate. Either parent can claim undue hardship. To prove undue hardship you must show two things:
https://canadiancoursereadings.ca/product/undue-hardship/
Undue Hardship. From: Child Support Guidelines, 2020 $ 3.60 Discusses the effect of undue hardship on child support agreements, focusing on the stringent criterion of undue hardship, the circumstances that may cause undue hardship, the duty under court order or separation agreement to support any person, the legal duty to support sick or disabled persons and judicial discretion in cases of ...
https://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/rp/v2/v2_4.html
Jul 27, 2017 · The undue hardship provision recognizes that, sometimes, a parent or child can suffer undue hardship if the parent pays the table amount, or the table amount plus special expenses. This section permits courts to set a different amount. There are three distinct steps to determining the amount of child support when a parent claims undue hardship.
https://stepstojustice.ca/steps/family-law/undue-hardship
The term undue hardship means that financial difficulties are making it very hard for the payor parent to pay the amount of child support set out in the Child Support Guidelines and the Government of Canada’s child support tables.. Or, it can mean that the parent receiving child support is finding it very hard to support the child with the table amount.
http://www.duhaime.org/LegalResources/FamilyLaw/LawArticle-1362/Undue-Hardship--The-Child-Support-Paradox.aspx
Paradox because the Federal law, in Canada, that allows a child support payor to plead undue hardship and, in very limited but ultimately very reasonable circumstances have child support discounted, has been beaten black and blue by the Courts.. Truer words have rarely issued from Canadian courts of law than these of Ontario High Court Justice Robertson in Swift v Swift:
https://www.mondaq.com/canada/Family-and-Matrimonial/837218/What-Is-Table39-Child-Support-And-Why-Is-It-So-Hard-To-Get-It-Reduced
Separated spouses who pay child support are often surprised by the short shrift family lawyers give them when they ask why there is such strict adherence to the “table” child support calculated under the Child Support Guidelines (the “CSG”).
https://familyllb.com/2012/05/10/father-obliged-to-pay-child-support-even-where-undue-hardship-results-duty-to-support-new-family-just-one-factor/
Father Obliged to Pay Child Support Even Where Undue Hardship Results – Duty to Support New Family Just One Factor. In a decision from earlier this year, the court confirmed that a father was still obliged to pay support for his two children from a first marriage even though: 1) he no longer had a relationship with them; 2) he had a new family (and two other small children) to support; and 3 ...
https://www.nsfamilylaw.ca/child-support/general-information-child-support/faqs
The Child Support Guidelines are law, and should be followed when determining child support, ... The only time the court will look at your new partner’s income is if one of the parties makes an application for undue hardship, or if you are dealing with a spousal support issue. Return to Top.
http://www.duhaime.org/LegalDictionary/U/UndueHardship.aspx
In the context of a child support matter, but in words that judicially characterize, generally, the concept of undue hardship, Justice Cook of the Newfoundland Unified Court wrote: "Undue hardship is a tough threshold to meet. Synonyms for undue include: excessive, extreme, improper, unreasonable, unjustified. It is more than awkward or ...
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