What is the test for undue hardship in the context of child support claims?
Ontario, Canada
The following excerpt is from Balmeo v. Balmeo, 2014 ONSC 3173 (CanLII):
Proving undue hardship involves meeting a high standard. The hardship must be exceptional, excessive and disproportionate. (See Morrone v. Morrone, [2007] O.J. No. 5341.) On the facts provided, the respondent has not proven that the bonus or his sponsorship obligation should be accepted as a “circumstance that causes undue hardship”. I reject the respondent’s claim of undue hardship. On an interim basis, child support shall be based on the previous year’s line 150 income.
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