F. Duty under Court Order or Separation Agreement To Support Any Person

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 341-341

Page 341

A spouse or former spouse may seek to establish undue hardship on the ground that he or she has a legal duty to support any person pursuant to a court order or written separation agreement.¹⁵⁹An order must have been granted by a court of competent jurisdiction, although there is no requirement that it be a Canadian court. The order or agreement may relate to a duty of support owed to any person, including a spouse, former spouse, child, a parent. Where the support obligation is consensual, it must arise under a written separation agreement. Support obligations arising under a marriage contract do not satisfy the requirements of section 10(2)(c) of the Federal Child Support...