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Child Support & Undue Hardship
Child support amounts do not necessarily have to be the support amounts calculated as per the respective federal or provincial child support guidelines. Those amounts of money can change based on financial circumstances which can change with little or no notice. Courts that are about to issue orders must consider child support & undue hardship into the final amounts awarded if evidence is properly presented. What constitutes undue hardship is a question that can only be answered properly by qualified legal counsel and ultimately be determined by a judge.
Parents involved in a child support case are required to provide full and complete disclosure to the other person involved in order to demonstrate total accountability for their finances. If there is some sort of undue hardship involved requiring a change in orders or for a monthly order to be less than the guidelines, this information must be something that can be easily verified and validated by the courts. For example, if the potential payor has a significant amount of debt they are paying on a regular basis, every single cent of that debt and the reasons for having to pay it are to be shown to the court. This is only one minor example of issue related to child support & undue hardship. A lawyer who specializes in these types of actions will be able to advise potential payors on what could be classified as hardship.
Information on child support & undue hardship is on this page for information purposes only. Potential payors and recipients of child support are encouraged to contact legal counsel for advice on these issues. If you might not be able to afford counsel, contact your local legal aid office to see if you can possibly qualify for assistance.