What is the test for undue hardship in a family law case?

If you distill the respondent’s arguments for his plea of undue hardship, it rests on his current circumstances, i.e., the obligations of dealing with his new family and the debt that is the natural incident thereto. Respectfully, that is not enough. I regard it as well settled that a payor cannot take on a second family knowing that he or she owes responsibilities to an existing family and use the economic crisis of the second family as an excuse to provide fewer resources to the first family. (See: Lamontagne v. Culham, 2013 SKQB 96, 416 Sask.R. 59.) Accordingly, the respondent’s request to be relieved of his obligation to pay the table amount under the Guidelines, by reason of undue hardship, is dismissed.