H. Legal Duty to Support Sick or Disabled Person

AuthorJulien D. Payne - Marilyn A. Payne
Pages346-346

Page 346

Undue hardship under section 10(1) of the Federal Child Support Guidelines may be found because a spouse or former spouse has a legal duty to support any person who is unable to obtain the necessaries of life due to an illness or disability.201Voluntary support of a sick sibling constitutes no basis for a finding of undue hardship under the British Columbia Child Support Guidelines.202

[201] Federal Child Support Guidelines, SOR 97-175, s. 10(2)(e); see Maloney-Chumney v. Maloney-Chumney, [1999] N.B.J. No. 108 (Q.B.).

[202] Chatwin v. Falbo, [1998] B.C.J. No. 2862 (Prov. Ct.).

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