What is the test for undue hardship in determining child support?

Manitoba, Canada


The following excerpt is from Campbell v. Campbell, 2016 MBQB 57 (CanLII):

The issue of undue hardship was addressed in the decision of Gaetz v. Gaetz, 2001 NSCA 57, at paragraph 15 as follows: "The Guidelines authorize the Court to depart from awarding child support as calculated in the tables only when the payor spouse or a child, on whose behalf request is made, would suffer undue hardship. This is determined by a two-step test. First, section 10(2)(a) to (c) of the Guidelines, lists circumstances which must be considered there must be a determination that the spouse has an usually high level of legal duties of support to a child or other person other than a child of the marriage. Only when circumstances capable of creating undue hardship are found does the second step become relevant - the comparison of the standards of living or the households of the payor spouse and the custodial spouse"

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