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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://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://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 ...
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.freshlegal.ca/blog/2017/6/26/child-support-undue-hardship
Jun 28, 2017 · 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://lisagelman.com/childsupport/undue-hardship/
An Ontario court recently reviewed a mother’s child support application in which a father claimed undue hardship and requested to pay less than the mother had asked for. While the court found that the father would suffer undue hardship if he were to pay the amount requested by the mother, the court ultimately concluded that “…the court’s sympathy for the father has its limits.
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://www.torontodivorcelaw.com/section-10-of-the-federal-child-support-guidelines-undue-hardship/
When determining child support, proving undue hardship is difficult. The Ontario Superior Court of Justice in Morrone v. Morrone held that it is a “high threshold standard”. The hardship must be “exceptional, excessive, and disproportionate”. The burden of proof is on the payor. The payor has to provide clear and persuasive evidence.
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:
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