Can I Pay Less Child Support Because of Undue Hardship in Ontario?
Sometimes, but only where the Guidelines' hardship test is met. Under the Ontario Child Support Guidelines, a court may award a different amount if the payor, or a child, would otherwise suffer undue hardship. The listed circumstances include unusually high debts reasonably incurred to support the family before separation, unusually high costs of exercising parenting time, and a legal duty under an order or written separation agreement to support another person.
A new family can count too: the listed circumstances also include a parent's legal duty to support another child, or any person who cannot obtain the necessaries of life because of illness or disability. Even if hardship is shown, the court must deny the claim if the household of the parent claiming hardship would, after the reduction, have a higher standard of living than the other household.
A claim for a different amount is made to the court, and the online Child Support Service is not available for orders based on undue hardship. A support claim requires a financial statement, Form 13 (or Form 13.1 if property is also claimed). Because the outcome depends on your finances, a lawyer can help you assess whether the test is met.
Key takeaways
- A court may award a different amount if the payor, or a child, would otherwise suffer undue hardship.
- Listed circumstances include unusually high debts reasonably incurred to support the family before separation and unusually high costs of exercising parenting time.
- A legal duty to support another child, such as a child in a new family, is also a listed circumstance.
- Even if hardship is shown, the court must deny the claim if the claiming parent's household would end up with a higher standard of living than the other household.