Exceptions to the Child Support Guidelines: Difference between revisions
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Exceptions to the Child Support Guidelines (view source)
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, 21 May 2013→Undue hardship
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Note that this list is not exhaustive, meaning that the court may take other factors, in addition to those in the list, into <span class="noglossary">account</span> in deciding applications under s. 10. The test to prove that an order under the Guidelines would cause undue hardship involves two steps: | Note that this list is not exhaustive, meaning that the court may take other factors, in addition to those in the list, into <span class="noglossary">account</span> in deciding applications under s. 10. The test to prove that an order under the Guidelines would cause undue hardship involves two steps: | ||
#the court must find that an award under the Guidelines would in fact cause undue hardship to the payor or the recipient under s. 10(1) | #the court must find that an award under the Guidelines would in fact cause undue hardship to the payor or the recipient under s. 10(1), and | ||
#under s. 10(3), the court must find that the household standard of living of the parent claiming undue hardship, calculated using the formulas described in Schedule II of the Guidelines, is lower than that of the other parent. | #under s. 10(3), the court must find that the household standard of living of the parent claiming undue hardship, calculated using the formulas described in Schedule II of the Guidelines, is lower than that of the other parent. | ||
