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Federal Child Support Guidelines

Version of section 10 from 2006-03-22 to 2021-02-28:

Marginal note:Undue hardship

  •  (1) On either spouse’s application, a court may award an amount of child support that is different from the amount determined under any of sections 3 to 5, 8 or 9 if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship.

  • Marginal note:Circumstances that may cause undue hardship

    (2) Circumstances that may cause a spouse or child to suffer undue hardship include the following:

    • (a) the spouse has responsibility for an unusually high level of debts reasonably incurred to support the spouses and their children prior to the separation or to earn a living;

    • (b) the spouse has unusually high expenses in relation to exercising access to a child;

    • (c) the spouse has a legal duty under a judgment, order or written separation agreement to support any person;

    • (d) the spouse has a legal duty to support a child, other than a child of the marriage, who is

      • (i) under the age of majority, or

      • (ii) the age of majority or over but is unable, by reason of illness, disability or other cause, to obtain the necessaries of life; and

    • (e) the spouse has a legal duty to support any person who is unable to obtain the necessaries of life due to an illness or disability.

  • Marginal note:Standards of living must be considered

    (3) Despite a determination of undue hardship under subsection (1), an application under that subsection must be denied by the court if it is of the opinion that the household of the spouse who claims undue hardship would, after determining the amount of child support under any of sections 3 to 5, 8 or 9, have a higher standard of living than the household of the other spouse.

  • Marginal note:Standards of living test

    (4) In comparing standards of living for the purpose of subsection (3), the court may use the comparison of household standards of living test set out in Schedule II.

  • Marginal note:Reasonable time

    (5) Where the court awards a different amount of child support under subsection (1), it may specify, in the child support order, a reasonable time for the satisfaction of any obligation arising from circumstances that cause undue hardship and the amount payable at the end of that time.

  • Marginal note:Reasons

    (6) Where the court makes a child support order in a different amount under this section, it must record its reasons for doing so.

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