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https://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/step8-etap8.html
Aug 23, 2017 · 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: That your circumstances would make it hard to: pay the required amount; or; support the child on the amount of support …
https://stepstojustice.ca/steps/family-law/undue-hardship
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 .
https://www.separation.ca/blog/2018/january/weinstein-cant-pay-child-support-undue-hardship-/
Jan 26, 2018 · The Federal Child Support Guidelines include a list of circumstances that could cause undue hardship, such as: unusually high debts that you reasonably incurred to support the family before the separation or to earn a living;
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://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 successful undue hardship application. This is …4.9/5(43)
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://cohenhighley.com/articles/family-law/child-support-and-undue-hardship/
It is a difficult threshold to meet. The payment of guideline support will rarely be hardship in the legal sense. Undue hardship must be “more than awkward or inconvenient” A court will refuse to find undue hardship where a parent can reasonably reduce his or her expenses and thereby alleviate the hardship.
https://www.complexfamilylaw.com/Featured-Articles/Undue-Hardship-Produces-Conflicting-Decisions.shtml
"The undue hardship is not one related to circumstances caused by the amount per se of the support order. In other words, the fact that the stipulated amount of support, as determined by the Guidelines, may be low and may result in hardship to the custodial parent, that in and of itself does not appear to be the type of circumstance contemplated in subsection (2)."
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://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 ...
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