What is the test for a claim of undue hardship under the Child Support Guidelines?
New Brunswick, Canada
The following excerpt is from KF v TB, 2012 NBQB 144 (CanLII):
Alternatively, the respondent raised a claim of undue hardship under section 10 of the Child Support Guidelines because of his legal duty to support three other children. However, it was not seriously pursued in oral argument. Mere financial difficulty does not necessarily reach the legal threshold of “undue hardship”. Clearly, the evidence does not support such a claim within the meaning of Gormley v. Gillespie 2003 NBCA 72.
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