been produced in affiliation with, or with the endorsement of the Government of Canada.
</p>
<divclass="fact-sheet-e-side-bar">
<p><strong>What is "undue hardship"?</strong></p>
<p>
The person paying or the person receiving child support can ask for a different amount than what's listed in
the guidelines tables if that amount would cause them undue hardship. The payor may experience undue hardship
trying to pay the child support, or the recipient may experience undue hardship trying to support the child or
children with the amount given. The courts have said that "undue" means excessive, exceptional, or
disproportionate. This can be a hard thing to prove. The person making the claim must report all income coming
into their household, including any income or contribution from a new spouse or partner. This includes any
contribution to household expenses, and any rental income, dividend income, investment income, and business
income. If the payor makes this claim, the recipient must also provide information about their income.
</p>
<p><strong>How to determine undue hardship</strong></p>
<p>
To determine undue hardship under the Federal Child Support Guidelines, you need to compare the standards of
living in both households. To do this, you need to:
</p>
<ul>
<li>
calculate the income of every member of both households; adjust each person’s income according to the rules
set out in the Federal Guidelines; and
</li>
<li>
calculate the household income ratio.
</li>
</ul>
<p>
The Federal Child Support Guidelines Step-by-Step Guide has a
{% include "partials/tooltip_link_federal_child_support_guidelines.html" with reference_link="http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/w3a-f3a.html#s3" link_text="worksheet" %}
to help you with the calculation to figure out whether there is undue hardship in your situation.
</p>
<p>
Source:
{% include "partials/tooltip_link_federal_child_support_guidelines.html" with reference_link="http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/start-com.html#h11" link_text="Federal Child Support Guidelines" %}
Benard Ebinu
8 years ago