[7] The undue hardship test under section 10 of the guidelines is two-fold. The spouse applying for relief under this section must prove that payment of the table amounts would cause undue hardship under subsection 10(1), having regard to the criteria in subsection 10(2). Subsection 10(2) sets out a non-exhaustive list of circumstances that may give rise to a finding of undue hardship. If this test is met, the applicant must go on to establish that, if required to pay the amount of support otherwise payable under the guidelines, the standard of living of his or her household would be lower than that of the household of the other party. If this dual test is met, the court has the discretion to award a different amount of support than that otherwise required under the guidelines. The respondent has the onus of providing adequate supporting documentation to prove his undue hardship claim. See Van Gool v. Van Gool, 1998 CanLII 5650, 113 B.C.A.C. 200, 59 B.C.L.R. (3d) 395, 64 B.C.L.R. (3d) 94, 184 W.A.C. 200, [1999] 7 W.W.R. 443, 166 D.L.R. (4th) 528, 44 R.F.L. (4th) 314, [1998] B.C.J. No. 2513, 1998 CarswellBC 3028 (B.C.C.A.).
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