Family Law for Undue Hardship
In 1997, the Federal Government adopted the Child Support Guidelines which were used to determine how much child support a parent needed to pay after a divorce or separation. However, there are circumstances in which one parent simply cannot afford the amount they owe. In this event, they may claim undue hardship to lessen their financial responsibility.
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Child Support
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There are a variety of reasons a person may qualify for undue hardship in family law regarding child support. For example, a judge may declare undue hardship and lessen the amount of child support a spouse owes if that spouse already has financial obligations to another child or a person with a disability who cannot support themselves.
Evidence
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To claim undue hardship in a court of law, the person claiming it must supply evidence of such. To prove undue hardship, they must submit to the court a record of all income they are receiving, including the income provided by their new spouse or partner.
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Debt
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Often times, debt can be a factor in family law when determining if a person can claim undue hardship. If a person can prove that, before their marriage came to an end, they inherited a high level of debt due to providing for their spouse and child, they may be able to claim undue hardship.
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