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Difference between revisions of "Exceptions to the Child Support Guidelines"
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Exceptions to the Child Support Guidelines (view source)
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Under s. 10 of the Child Support Guidelines, the court can make an award of child support that is different (usually less) than would be required by the Guidelines tables where a person would suffer ''undue hardship'' if the Guidelines table amount of child support were paid. | Under s. 10 of the Child Support Guidelines, the court can make an award of child support that is different (usually less) than would be required by the Guidelines tables where a person would suffer ''undue hardship'' if the Guidelines table amount of child support were paid. | ||
Merely claiming "hardship" will not be sufficient to justify a child support order that is lower than the | Merely claiming "hardship" will not be sufficient to justify a child support order that is lower than the Guidelines table amount. The hardship caused by payment of the table amount must be an undue hardship. According to ''[http://canlii.ca/t/1f0r2 Van Gool v. Van Gool ]'', 1998 CanLII 5650 (BCCA), a case of our Court of Appeal, ''undue'' means "exceptional, excessive or disproportionate." In the 1999 Supreme Court case of ''[http://canlii.ca/t/1d1px Chong v. Chong]'',1999 CanLII 6246 (BCSC), the court held that establishing undue hardship requires a "high threshold" of hardship, and that problems like a lower standard of living or financial obligations for a new family are not sufficient. | ||
Section 10 of the Guidelines provides a non-exhaustive list of circumstances that may cause undue hardship: | Section 10 of the Guidelines provides a non-exhaustive list of circumstances that may cause undue hardship: | ||
