What is the undue hardship exception to the Child Support Guidelines in Ontario?

Undue hardship is a limited exception built into the Child Support Guidelines that allows a court to order an amount different from the standard table amount if strict application of the table would cause serious financial difficulty. Either the payor or the recipient can raise a hardship claim, though payors raise it far more often.

The Guidelines list the circumstances that can constitute hardship: unusually high debts reasonably incurred to support the family before separation, legal duties to support another person such as a child from a prior relationship or an aging parent, unusually high costs of exercising parenting time due to distance, and the child's own special needs. These categories are not exhaustive, but courts interpret them narrowly. Simply having debt or high living costs is not enough.

Even if hardship is established, the court must then compare the standards of living in each household. If the payor's household standard of living already exceeds the recipient's, a hardship claim will not succeed — the court will not reduce support to let a wealthier payor benefit at the child's expense. The household income comparison includes all members of both households, including new partners and their income. Hardship claims succeed infrequently. If you are considering raising one, get legal advice on both the legal test and what evidence you will need.