What happens if both households' standard of living is compared and found roughly equal?
If the standard-of-living comparison between the two households comes out roughly equal, the claiming parent generally will not succeed on an undue hardship application, because the test requires showing that their household's standard of living is lower than the other household's, not merely that they've established a qualifying hardship circumstance like high debt or supporting other children. Establishing the underlying circumstance is only the first stage of the analysis; the comparison stage is a genuine, separate hurdle, and a roughly equal result generally means the claim fails at that second step even where the first stage was clearly made out.
This surprises some payors who assume that proving real financial hardship, such as legitimate high debt, should be enough on its own. Courts apply a fairly structured method for making this comparison, generally looking at each household's income relative to its size and needs, though the specific approach can vary based on the evidence presented. Because the comparison outcome can be close and technical, a parent considering this kind of claim should have their household finances assessed carefully before deciding whether the comparison is actually likely to favour them.
Key takeaways
- A roughly equal standard-of-living comparison generally defeats an undue hardship claim.
- Establishing the underlying hardship circumstance alone is not enough without the comparison also favouring the claimant.
- The comparison is a genuine, separate hurdle, not a formality after the first stage.
- Careful assessment of household finances before applying helps gauge whether the comparison will likely succeed.