What is the test for undue hardship in child support?

There is very stringent criterion in Section 10 of the Child Support Guidelines and consequently the threshold is high (See: Gillespie v. Gormley, 2003 NBCA 72). However, it is not necessary in the circumstances of this case to embark on such analysis because even if the applicant could meet subsection 10 (1) he could not surmount subsection 10 (3) of the Guidelines: Despite a determination of undue hardship under subsection (1), an application under that subsection must be denied by the court if it is of the opinion that the household of the spouse who claims undue hardship would, after determining the amount of child support..., have a higher standard of living than the household of the other spouse.