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Family

Does an undue hardship order automatically expire, or does it need to be reviewed periodically?

TSL Written by the Treadstone Law team· Updated August 2026

An undue hardship adjustment does not automatically expire on its own after a set period; it generally remains in effect as part of the support order or agreement until it is varied, which requires either party to bring a motion to change based on a material change in circumstances. Because the undue hardship finding was based on the specific circumstances and standard-of-living comparison that existed at the time, a change in those underlying facts, such as the debt being paid off, the payor's household income changing, or the qualifying circumstance simply no longer existing, can be grounds for the other parent to apply to have the adjustment reviewed and potentially removed or altered.

This means an undue hardship order is not a "set it and forget it" arrangement from either side's perspective: a payor benefiting from the adjustment should expect the other parent to revisit it if circumstances shift in their favour, and a recipient believing the underlying circumstance has changed generally needs to bring their own application rather than assuming the adjustment will lapse automatically. Because ongoing entitlement depends on current circumstances rather than the original finding, both parties benefit from monitoring whether the qualifying circumstance and the standard-of-living comparison still hold true over time.

Key takeaways

  • Undue hardship adjustments do not automatically expire; they remain until formally varied.
  • A material change in circumstances is generally required to bring a motion to change the adjustment.
  • Either parent can seek review if the qualifying circumstance or standard-of-living comparison has shifted.
  • Ongoing entitlement depends on current circumstances, not the facts as they stood at the original order.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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