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- Chapter 7 - Undue Hardship
H. Legal Duty to Support Sick or Disabled Person
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 346-346 |
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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- Chapter 7 - Undue hardship
- A. General Observations
- B. Stringent Criterion of Undue Hardship
- C. Circumstances that may Cause Undue Hardship
- D. Family Debts or Employment Expenses
- E. Unusually High Access Expenses; Payment of Child Support to Non-Custodial Parent
- F. Duty under Court Order or Separation Agreement To Support Any Person
- G. Legal Duty To Support Any Child Other Than a Child of the Marriage; Sequential Families
- H. Legal Duty to Support Sick or Disabled Person
- I. Reasonable Time to Overcome Hardship
- J. Judicial Discretion in Cases of Undue Hardship Circumscribed by Comparison of Standard of Living in Respective Households
- K. Reasons for Deviation from Norm to be Judicially Recorded
- L. Section 7 Expenses
- M. Shared Parenting
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