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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://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.
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://cohenhighley.com/articles/family-law/child-support-and-undue-hardship/
Child Support and Undue Hardship . February 2011 . Payors often seek to reduce the amount of support they pay, despite Child Support Guidelines dictating the amount. A possible way to reduce a child support obligation from those proscribed by the Child Support tables is by arguing “undue hardship”.
https://vogel-llp.ca/what-is-undue-hardship-for-the-purposes-of-child-support/
Jul 02, 2019 · And finally, even if undue hardship is found and child support lower than the Table amount is ordered, the court may order that once that situation is resolved (for example, once the debts are paid), child support will be increased again. The undue hardship provision of the FCSG is meant to be used very rarely so it can be difficult to make a ...4.9/5(43)
https://www.gdefamilylaw.ca/services/children/hardship/
Despite a determination of undue hardship, a Court Application under those subsection(s) must be denied by the Court if it is of the opinion that the household of the spouse who claims undue hardship would, after determining the amount of child support under any of sections 3 to 5, 8 or 9, have a higher standard of living than the household of ...
https://macleanfamilylaw.ca/2016/02/06/undue-hardship-support/
Feb 06, 2016 · Our undue hardship support lawyers at MacLean Law often need to review claims for undue hardship by paying spouses related to support payments for their children. This undue hardship support exception was put in the Child Support Guidelines back in 1997 when it first came into force.5/5(8)
https://canliiconnects.org/en/commentaries/40144
Feb 13, 2016 · (3) Despite a determination of undue hardship under subsection (1), an application under that subsection must be denied by the court if it is of the opinion that the household of the spouse who claims undue hardship would, after determining the amount of child support under any of sections 3 to 5, 8 or 9, have a higher standard of living than ...
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