My brother has been going through the court process to attempt to get his ex to pay CS & her share of post secondary as the oldest child is starting school in a couple weeks. (Both parties self-rep'd)
WHY this hasn't been settled is beyond me. 2nd SC was supposed to be today but it got bumped to Sept 2 and then it will likely go to TMC.
Today as they are leaving the courthouse and ex says "if you keep pursuing this I will claim undue hardship" ... now from what I've read on here and Canlii I don't think she has a chance in hell but I could be wrong:
Bro makes $57,000 and has a new wife who earns $30,000 but has in excess of $20,000 still in student loans
His ex earns $47,200 & based on CS Guidelines should be paying $701/mo in CS.
2 kids both living exclusively with my bro and don't visit mom (long story there).
Both my brother and his ex own homes. My brothers is the matrimonial home that he bought ex out of. Valued at $800,000 but with a $500,000 mortgage on it.
Ex is in a condo valued at $280,000 with a $160,000 mortgage on it.
She has no other outstanding debt or other child obligations. While we know she has a boyfriend, she currently lives alone (we think).
Based on the scenario above how likely would a undue hardship claim be?
WHY this hasn't been settled is beyond me. 2nd SC was supposed to be today but it got bumped to Sept 2 and then it will likely go to TMC.
Today as they are leaving the courthouse and ex says "if you keep pursuing this I will claim undue hardship" ... now from what I've read on here and Canlii I don't think she has a chance in hell but I could be wrong:
Bro makes $57,000 and has a new wife who earns $30,000 but has in excess of $20,000 still in student loans
His ex earns $47,200 & based on CS Guidelines should be paying $701/mo in CS.
2 kids both living exclusively with my bro and don't visit mom (long story there).
Both my brother and his ex own homes. My brothers is the matrimonial home that he bought ex out of. Valued at $800,000 but with a $500,000 mortgage on it.
Ex is in a condo valued at $280,000 with a $160,000 mortgage on it.
She has no other outstanding debt or other child obligations. While we know she has a boyfriend, she currently lives alone (we think).
Based on the scenario above how likely would a undue hardship claim be?
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