Often you will hear that child support is the right of the child, not the parent. As a result of this, parents are very rarely able to “contract out” of the right to child support. In a situation wherein one parent has primary care of a child, this is usually fairly easy to calculate using the Federal Child Support Guidelines and the Federal Child Support Tables. This creates consistency and predictability for both payor and recipient parents.
What circumstances can lead to an Undue Hardship claim?
But what happens when a payor parent has another child they are supporting? Or when the child they pay support for lives in another province? This can give rise to some unique circumstances when the Court is able to deviate from the Federal Child Support Guidelines and the Federal Child Support Tables. This concept is referred to as “Undue Hardship”.
Claims for Undue Hardship are made under s. 10 of the Federal Child Support Guidelines. In making such a claim, a payor parent must establish to the Court there is a reason why they cannot pay the full table amount of support. These claims are very complex and require certain evidence to be successful. The Court does not look at these claims lightly, and the burden remains with the payor parent to establish why they should not be required to pay the full table amount of child support. It is not as simple as fitting in one of the categories outlined in s. 10 of the Federal Child Support Guidelines, you must also establish that these circumstances are causing you undue hardship.
If you are interested in pursuing a claim for Undue Hardship, a consultation with one of our family lawyers can assist you in navigating this process. Contact us or fill out the form below to book a consultation.
