Undue Hardship and Child Support in Ontario: Can the Amount Be Lowered?

If child support is more than you can manage, it is natural to wonder whether the law allows a reduction. There is a rule for it, called undue hardship, but it is an exception and the bar is high.

This article explains what undue hardship means, what may count as a cause, when a claim fails, and what other options may be more realistic. It describes the federal rules under the Divorce Act. If you were never married, Ontario's own legislation applies, and a lawyer can confirm how it works for you.

Why the table amount is the starting point

The Federal Child Support Guidelines aim to set a fair standard of support for children and to reduce conflict between spouses. The basic amount is the table amount for the number of children plus any special or extraordinary expenses. The table amount depends on the payor's annual income, the number of children and the province where the payor lives.

Courts do not reduce that amount just because it is difficult to pay. Undue hardship is one of several narrow exceptions.

What undue hardship means

A court may order a different amount if a spouse would otherwise suffer undue hardship. The Guidelines list possible causes:

• Unusually high debts reasonably incurred to support the family.
• Unusually high costs of exercising parenting time.
• Legal duties to support other children or other persons.

The word unusually matters. Ordinary debts and everyday living costs are unlikely to be enough on their own. Whether your circumstances qualify depends on the facts, and a lawyer can help you assess them.

Why the bar is high

Even if one of the causes applies, the claim must be denied if the household of the spouse claiming hardship would have a higher standard of living than the other spouse's household. The comparison is between the two households' standards of living, not just between the two incomes.

Because hardship changes the amount away from the normal table figure, you should expect to need clear financial evidence. In Ontario, court financial disclosure involves a Form 13 financial statement and a Form 13A certificate of financial disclosure, with three years of tax returns, notices of assessment and proof of current income. Gathering complete records early makes it easier to show your real situation.

Other routes that may fit better

Many parents who feel squeezed are not really in an undue hardship situation, but they may have another option.

Parents cannot simply contract out of child support. The court must be satisfied that the arrangements are reasonable. A payor with an income below $12,000 does not owe table child support under the federal tables.

What to do next

Do not stop paying and wait. The Family Responsibility Office cannot change the amount owed, only a judge can, and arrears keep building under the existing order until it is changed. A payor who loses their job should contact the Family Responsibility Office immediately.

• If you lose your job, contact the Family Responsibility Office right away.
• Collect three years of tax returns and notices of assessment, plus proof of current income.
• If you were unemployed in the last three years, gather a Record of Employment or other proof and a statement of any benefits still owed, such as severance.
• Write down the specific debts, parenting-time costs or other support duties that you say cause hardship, with documents.
• Note that Ontario's online Child Support Service is not available if the order involved undue hardship.
• Speak with a family lawyer before filing, because a hardship claim is fact-heavy.

Frequently asked questions