How has the court considered the specific circumstance of a payor spouse’s obligation to pay child support to a second family?

Alberta, Canada


The following excerpt is from Hanmore v. Hanmore, 2000 ABCA 57 (CanLII):

In Jackson v. Holloway, 1997 CanLII 11110 (SK QB), [1997] SJ. No 691, McIntyre J. considered the specific circumstance of a payor spouse’s obligation to a second family. He stated at para. 19: Insofar as the respondent argues he cannot afford to pay the table amount of support given his new family unit this cannot constitute undue hardship without identifying and establishing a specific basis for a claim of undue hardship....A separated spouse with a child support obligation enters into a new family unit knowing he or she has an obligation and is expected to organize his or her affairs with due regard to that obligation. A general or generic reference to the overall expense of a new household will not give rise to a claim of undue hardship. To permit such a claim would in many instances mean that if the claimant could establish a lower standard of living then a claim to undue hardship must succeed. This is not the test.

Other Questions


Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
In what circumstances will child support be deducted from income for purposes of calculating child support when a spouse loses a property loss? (Alberta, Canada)
In what circumstances will a court interpret a clause in a child support agreement to the benefit of the child? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
What are the moral obligations of a supporting spouse to provide for the dependent spouse after the husband dies? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection? (Alberta, Canada)
In what circumstances will a court reduce the basic child support amount below the Guidelines amount? (Alberta, Canada)
Is child support for two children calculated based on the Federal Child Support Guidelines? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.