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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://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.
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://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://cohenhighley.com/articles/family-law/child-support-and-undue-hardship/
The person asking for a child support order different than the table amount because of undue hardship has the onus of demonstrating why such different quantum should be awarded. That demonstration must be with clear and compelling evidence. Undue hardship will not be presumed.
https://www.separation.ca/blog/2018/january/weinstein-cant-pay-child-support-undue-hardship-/
Jan 26, 2018 · "Undue hardship" generally means that the payor has financial difficulties that which are making it very hard for him/her to pay the amount of child support set out in the Federal Child Support Guidelines. Relying on undue hardship is no easy task however, as it is difficult to prove and involves the following demanding and discretionary test:
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.complexfamilylaw.com/Featured-Articles/Undue-Hardship-Produces-Conflicting-Decisions.shtml
"Undue hardship is a tough threshold to meet." Justice Cheryl Robertson, Ontario General Division, in Swift v.Swift, February 5, 1998. In a previous article I discussed the methodology to be applied when attacking a Guidelines case. Under s. 10 of the Federal Child Support Guidelines, one may consider the presence of any factors that might support a reduction in the base amount of child ...
https://www.freshlegal.ca/blog/2017/6/26/child-support-undue-hardship
Jun 28, 2017 · How can I pay less child support? The Child Support Guidelines establish what is considered to be a fair amount of support to ensure that children continue to benefit from the financial resources of both parents following separation.. Sometimes there are circumstances where that Guideline amount is inappropriate because it would cause what is called “undue hardship.”
https://www.rabideaulaw.ca/child-support-undue-hardship/
Jan 15, 2019 · As discussed in the previous blog on child support, child support is generally seen as a non-negotiable support payment in the eyes of the court. However, there are ways to alter child support payments. This can be done through either a shared custody arrangement (see our blog post here), or by proving undue hardship.
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