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Undue Hardship making $81,000K

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  • Undue Hardship making $81,000K

    Hey there, here is some background info on my case.

    My ex and I have a child (12 yo). He married and had 2 more children (6yo + 3yo), but recently divorced. He pays no spousal support.

    He has been paying the guideline child support amount for our 12yo since 2018 (based on his 2017 income of $51,000).
    For the last 3 years he has been paying support based on his $51,000 income.

    However, he made $60,000 in 2018, $73,000 in 2019, and it looks like $81,000 in 2020. Clearly he will owe arrears.

    He is trying to make an undue hardship claim under section 10 (2):
    "Circumstances that may cause a spouse or child to suffer undue h:ardship include the following: (c) the spouse has a legal duty under a judgment, order or written separation agreement to support any person"

    Get this... He only pays $750 total for his 2 younger children (as he bullied his ex into agreeing to that number - when it really should be closer to $1200 with his current income. He claims to pay "significant daycare costs", but on his sworn financial statement he wrote that he pays $100/month for babysitting costs -- which I am certain is a lie - he only saw those kids 10 times in 2020.

    He only pays $470 for our child, which should be closer to $750. He paid NO child support for our child until he was 6yo. He pays NO section 7 expenses and never has. Including day care, orthodontics, and hockey fees.

    At the case conference, the judge had to get out his rule book because he apparently hasn't seen an undue hardship claim in ages. The judge agreed that he meets the definition of undue hardship since he does have other children to pay for. Now we have to do a comparison of standards of living. So, I quickly whipped up the calculations after the conference to find out surprisingly his standard of living is lower than mine (4.2 versus 4.6). He is already paying less than the guideline amount for 2 of his 3 kids, how on earth could it be this easy to make a hardship claim? If so, everyone would do it! I make a little less than him (around $75,000 mark) with similar work expenses as him, ie, union dues, etc. Difference is that I pay all the section 7 expenses independently.

    Even if he had all 3 kids with the same mother, he should be paying at least $1600/month with that income!! Am I missing something here? Of course he has a slightly low standard of living! He chose to have 2 more kids! I have never married. Have full custody of our 12yo. None of the other children have significant medical, daycare, or access costs.

    Can someone please explain how this might go down?
    I am stressing out over this!
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