How has the court considered the specific circumstance of a payor spouse’s obligation to pay child support to a second family?

Alberta, Canada


The following excerpt is from Hanmore v. Hanmore, 2000 ABCA 57 (CanLII):

In Jackson v. Holloway, 1997 CanLII 11110 (SK QB), [1997] SJ. No 691, McIntyre J. considered the specific circumstance of a payor spouse’s obligation to a second family. He stated at para. 19: Insofar as the respondent argues he cannot afford to pay the table amount of support given his new family unit this cannot constitute undue hardship without identifying and establishing a specific basis for a claim of undue hardship....A separated spouse with a child support obligation enters into a new family unit knowing he or she has an obligation and is expected to organize his or her affairs with due regard to that obligation. A general or generic reference to the overall expense of a new household will not give rise to a claim of undue hardship. To permit such a claim would in many instances mean that if the claimant could establish a lower standard of living then a claim to undue hardship must succeed. This is not the test.

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