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  • Undue Harship

    Has anyone ever made a claim for undue hardship and what is the criteria that would support such a claim on spousal and child support matters.

    Person has been seperated since early 2006 - cohabitated 20+ yrs - married most of that time- is on disability and ex-spouse earns six digits + and has paid no support & has assets. There was also substantial abuse of family members for those years.

    This person went into excessive debt to carry housing costs and previous debt load (plus new debt load since seperation) - now facing potential bankruptcy. Also supported child in unversity throughout?

    Spouse refuses to pay and says will quit job or leave country if this person goes to a lawyer.

    Interested in what outcome of such claims would be and likelyhood of assignment of a temporary order for support?

  • #2
    Undue Hardship is generally reserved for an individual paying support, and were such support is beyond their means causing financial hardship.
    Is there an order for SS?
    If not, and no claim was ever initiated from the time of separation in 2006 for spousal support, then chances are that any claim now would not fly.
    SS is primarily based on ones need and the payer’s means. Having sustained oneself for 2 years void any SS makes a claim seem superfluous.

    As for CS, that is a given and regardless of any court order being issued, one is obligated to pay CS relative to their income.
    Having not paid any CS since the separation in 2006, would leave room for arrears being added to the claim.

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    • #3
      Fact....

      Thanks for your thoughts but I believe this person did not make SS claim as this person wa squite ill, had surgeries and was most importantly threatned - therefore had litmited capacity or means.

      Therefore I do not believe that SS claim would be overlooked.Any other thgouhts?

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      • #4
        Originally posted by FL_Needs_To_Change View Post
        If not, and no claim was ever initiated from the time of separation in 2006 for spousal support, then chances are that any claim now would not fly.
        SS is primarily based on ones need and the payer’s means. Having sustained oneself for 2 years void any SS makes a claim seem superfluous.
        But that's the thing... she DIDN'T sustain herself, she went into substantial debt just trying to get by. The same thing happened to me. The judge certainly took that into consideration when I was awarded SS much later. I was able to show that my family and friends had loaned me money, that my credit cards were maxed, that I did everything I could to get by on my small income and still couldn't manage. I say it sure can't hurt to try get SS... you just never know...

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        • #5
          I agree - it sure can't help and you would think a judge would have some leniency on someone who had been abused or was ill - It can't hurt to try but funds are definitely tight and spouse has her where he wants her again!

          As for the child support - any comments from anyone getting support or orders for children who are of university age?

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          • #6
            what will this fall under

            My husband i separated january of 07 we had a falling out and he up and left. after that i was stuck with rental arries and bills for utlites cable ect. we are now moving forward with a divorce he want to just have a simple easy one i was will to do that if he would pay some of this debt but he is not will to and my credit is wreaked because of this. we had no childeren together i worked the whole marrage he only worked 6 months of it and went on wsib and remained on it till i think now . The falling out was about me going out with friends from work and coming home late and this was the first time i had ever done that, his idea is that i went out with another man and so on. i went out on january 27, and he stayed for a few days after then said he was going to a friends to do laundry and then never came back till march 1st to get the rest of his things. In the mean time i had my 2 children plus 1200. rent cable bill phone bills 2 car payment as i had to help pay his as i was cosigner in then end i got garisheed for his car till i got them to reposess it Insurance for both cars. so am i able to get anything back or do i just give in ?

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            • #7
              I know its tough .....but dont quit. These type of guys need to be addressed. It is unfair to you and you should do all you can to make things right for yourself and your credit - eventually you will get it back if your work at it and stay true to it - he has his conscious and you need to be a survivor.

              Comment

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