How has the court considered student loan payments as a factor in opposing a request for child support under the Child Support Guidelines?

British Columbia, Canada


The following excerpt is from Razavi v. Aavani, 1998 CanLII 1050 (BC SC):

In the context of opposing the request for child support on the basis of "undue hardship", Kozak J. in Makie v. Svar [1998] O.J. (Q.L.) No. 1247 (Ont.Ct.of Justice-Gen.Div.), took into account annual student loans being received when assessing whether or not there would be undue hardship if the amount for child support under the Guidelines was to be ordered. The court concluded that the two amounts should be combined when considering whether or not there was undue hardship.

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