Step 8: Undue hardship

In some cases, the amount in the Federal Child Support Tables, combined with other circumstances, can cause undue hardship to either parent or to a child. In these cases, either parent may ask the court to raise or lower the child support amount.

There are two steps in determining whether the amount of child support should be different because of undue hardship:

1. Would the payment actually cause undue hardship?
2. Does the parent asking for the change have a lower standard of living than the other parent?

1. Would the payment actually cause undue hardship?
The parent requesting the change must show that he or she is in circumstances that would make it difficult either to pay the required amount or to support the child on that amount. This could include:

• unusually high debts from supporting the family or earning an income before the parents separated;
• high expenses associated with access to the child;
• a legal duty to support another person; or
• a legal duty to support a child, other than a child of the marriage, who is under the age of majority or, owing to illness, disability or other cause (including post-secondary education) cannot support himself or herself.

2. Does the parent asking for the change have a lower household standard of living than the other parent?
The rules set out one method to establish standards of living for the two households. The court will look at the income of every member of each household to compare their standards of living. If the parent claiming undue hardship is not able to prove that his or her standard of living is not higher than the other parent's standard of living, the court must reject the claim of undue hardship.

If you would like detailed information on how this provision may apply in your situation, you may wish to contact a lawyer. If you do not already have a lawyer, please see our list of Lawyer Referral Services.

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