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Old 02-14-2006, 08:26 PM
Grace Grace is offline
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Default Undue Hardship

Gooddadgoingmad,

I dont know much about spousal support and the standard of living test. I did find this. Maybe you could make a claim for Undue Hardship:

Undue hardship: The court may deviate from the table amount of support if it finds there is undue hardship because of four defined circumstances: (1) one spouse has assumed a proportionally high amount of debt from the marriage; (2) access expenses are unusually high; (3) one spouse must support another person under a court order or separation agreement; and (4) one spouse has a legal duty to support another child (a second marriage situation).

In determining the new amount of support, the court must ensure that the household standard of living of the spouse pleading undue hardship is not greater than the household of the other spouse. There is a prescribed test in the guidelines to decide the standards of living. A court must give recorded reasons if it deviates from the table because of undue hardship.

Where's LV when you need him .
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