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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.
https://vogel-llp.ca/what-is-undue-hardship-for-the-purposes-of-child-support/
Jul 02, 2019 · However, even if an applicant can claim undue hardship under one of these circumstances, the court must deny the application if the household of the spouse claiming undue hardship would have a higher standard of living than the household of the other spouse after child support was paid.4.9/5(43)
https://www.freshlegal.ca/blog/2017/6/26/child-support-undue-hardship
Jun 28, 2017 · Unusual cost can ground a claim for undue hardship in some circumstances, if they are not foreseeable. If a parent, however, makes a decision that foreseeably would increase the cost of access (e.g. moving far away by choice), such unusually high costs cannot form the basis of an undue hardship …
http://cohenhighley.com/articles/family-law/child-support-and-undue-hardship/
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”. However, a claim based on hardship …
https://www.rabideaulaw.ca/child-support-undue-hardship/
Jan 15, 2019 · S. 10(1) of the Federal Child Support Guidelines (the “ FCSG ”) provides an outline for how to approach an argument for undue hardship and also provides that either spouse may apply for it. Just remember that whoever makes the claim has the onus of proving the claim (see caselaw Nishnik v. Smith (1998) 162 Sask.R. 200 (Q.B.)).
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