section 10 Undue Hardship

[IAMTheWiser]

Kids have been living with the father fulltime for the past year with no communication to their mother. I am asking for child support now to be paid as i have been paying her as per final order made in 2008. At settlement conference she cried in front of the justice and pleaded Undue Hardship. I read section 10, undue hardship can only be claimed by a parent who has been ordered to pay support. The mother does not have any such order to pay any support.

For almost a year now my family has co joined with another family and the judge has ordered me to disclose my household income...this is wrong. Only my income should be and has been disclosed. My new living situation does not provide me any economic benefit as all expenses are shared equally and all costs for my kids are paid only by me. I will apeal the order or contest it, i am not living common law, or married.

Due to how section 10 is ruled i should not have to disclose household income since she cannot claim undue hardship.

Am i right...?

[Tayken]

Originally Posted by IAMTheWiser

Kids have been living with the father fulltime for the past year with no communication to their mother. I am asking for child support now to be paid as i have been paying her as per final order made in 2008.

To clarify... You are paying her support and you are the custodial parent now?

Originally Posted by IAMTheWiser

At settlement conference she cried in front of the justice and pleaded Undue Hardship. I read section 10, undue hardship can only be claimed by a parent who has been ordered to pay support. The mother does not have any such order to pay any support.

Undue Hardship is incredibly difficult argument and requires mostly a trial to determine. Long shot.

Originally Posted by IAMTheWiser

For almost a year now my family has co joined with another family and the judge has ordered me to disclose my household income...this is wrong.

It is required under Rule 13. If you are residing with someone in a relationship they have to disclose their line 150. The only time that this information is used is when there is a finding of Undue Hardship which is a hard case to make with a solicitor let alone for a self rep litigant.

Originally Posted by IAMTheWiser

Only my income should be and has been disclosed. My new living situation does not provide me any economic benefit as all expenses are shared equally and all costs for my kids are paid only by me.

It isn't a big deal to disclose the additional information. The burden of proof is on the other party to prove undue hardship. If you are the custodial parent how the other party can claim UH is questionable. Unless they have some resulting illness from the marriage or something directly resulting from something caused by the marriage that causes them not to work... It is a long shot of emotional reasoning complete with tears of reality.

Originally Posted by IAMTheWiser

I will apeal the order or contest it, i am not living common law, or married.

Provide the evidence to that. If you are living with someone and do not have a "relationship" with them you can get an affidavit from them stating you are not in a relationship. But, their contribution to the house hold finances are still required to be disclosed under Rule 13.

Originally Posted by IAMTheWiser

Due to how section 10 is ruled i should not have to disclose household income since she cannot claim undue hardship.

Am i right...?

Nope. You are required under Rule 13 to provide the disclosure of the stuff you are complaining about.

1. If you are not in a relationship (romantic etc) with your roommate you still have to disclose their contributions to the house hold income.

2. If you are in a relationship you have to disclose their 150 income.

It isn't about Rule 10 it is about Rule 13, Financial Disclosure.

Good Luck!
Tayken

[MommaMouse]

Originally Posted by IAMTheWiser

Kids have been living with the father fulltime for the past year with no communication to their mother. I am asking for child support now to be paid as i have been paying her as per final order made in 2008. At settlement conference she cried in front of the justice and pleaded Undue Hardship. I read section 10, undue hardship can only be claimed by a parent who has been ordered to pay support. The mother does not have any such order to pay any support.

For almost a year now my family has co joined with another family and the judge has ordered me to disclose my household income...this is wrong. Only my income should be and has been disclosed. My new living situation does not provide me any economic benefit as all expenses are shared equally and all costs for my kids are paid only by me. I will apeal the order or contest it, i am not living common law, or married.

Due to how section 10 is ruled i should not have to disclose household income since she cannot claim undue hardship.

Am i right...?

Sorry to be the bearer of bad news, but yes if she is claiming undue hardship you must disclose ALL incomes for every person living under your roof, common law or not. I had this arguement with a judge and lost.
Although not fair, it can and will be ordered if you fight it.
On the other hand, when filling out your financial statement you can include your partner/common law/live-in's debts, bills, and all that comes with this person.
Unless you have something to hid best to be upfront with what they ask for, makes you look better in the end.... Good luck with the case, I'm fighting an undue hardship case and the only thing is that the party claiming has very little chance of winning

[hadenough]

13. SELF-SUFFICIENCY - Spousal Support Advisory Guidelines - 31k