What is the burden of establishing a claim of undue hardship?
Alberta, Canada
The following excerpt is from S.D. v. R.J., 2003 ABQB 55 (CanLII):
Our Court of Appeal has stated in Hanmore v. Hanmore 2000 ABCA 57 that the burden of establishing a claim of “undue hardship” is a heavy one. In paragraph 17 they state as follows:- The hardship must be more than awkward or inconvenient. It must be exceptional, excessive, or disproportionate in the circumstances. Further, it is not sufficient that the payor spouse has obligations to a new family or has a lower household standard of living than the payee spouse. The applicant must specifically identify the hardship which is said to be undue.
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