What is undue hardship in the context of child support payments?

At the outset it is important to explain the concept of the table (also known as the basic amount) of child support. The table amount of child support that a payor (or the support-paying spouse) is required to provide is determined in accordance of Federal Child Support Guidelines. The amount takes into account the support payor’s income, the number of children in need of support financially and so forth. There are, however, situations upon which the court may permit the support payor to pay an amount that is different from that outlined in the Federal Child Support Guidelines. For example, in a situation of undue hardship to the spouse making the request or a child in respect of whom the request is made.

“Undue hardship” means serious financial difficulty for either the spouse making the request or a child in respect of whom the request is made.

The following may cause a spouse or child to undergo undue hardship:

1. The spouse has responsibility for unusually high level of debts reasonably incurred to support the spouse and children prior to separation or to earn a living;
2. The spouse has unusually high expenses relating to exercising access to the child; or,
3. The spouse has a legal duty in accordance with a judgment, order, or written separation agreement to support any person.

This list is not exhaustive and other circumstances may cause a spouse or child to suffer undue hardship.

For more information on what constitutes undue hardship and on the services provided by Krol & Krol, contact Krol & Krol at 905.707.3370.