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Old 09-06-2017, 02:39 PM
Beachnana Beachnana is offline
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Perhaps your ex is trying to show undue hardship. I know when my daughters ex's lawyer used Divorcemate to prove that his CS would be a hardship to pay the judge said. What is your 150 line on Tax Return? Then he looked up the table and set CS at the table amount

1 child
$xxxx on,line 150

And dismissed all the other calculation telling her ex to manage his financial affairs better.


Finally, if awarding the table amount would cause undue hardship to the payor, the court has discretion under s. 10 to deviate from the Table amount. Courts in Ontario have indicated that the test for undue hardship is a very difficult one to meet. In order to show undue hardship, the support payor must first establish that his or her household standard of living would be lower than that of the other parent if the Table amount were enforced. (Schedule 1 of the Guidelines contains the method to be used to determine standards of living of each household for the purposes of this comparison.)

The support payor then must go on to show that he or she meets one of the criteria specified in s. 10(2) as potentially creating undue hardship. Those criteria are:

Unusually high debts incurred to earn a living or to support the family prior to separation;
Unusually high expenses associated with exercising access to the children;
Other support obligations; or
Responsibilities for other children living in the household.
Only if both elements of the test are met does the court have discretion to decrease the Table amount as it considers appropriate.
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