If you are in that category, read on. If not, go to my previous article on this subject first.
Undue hardship is a tough threshold to meet.
In a previous article I discussed the methodology to be applied when attacking a Guidelines case. We are not surprised that the cases to date have generated some level of inconsistency. The father argued against the mother's undue hardship claim, maintaining that the factors that the mother wished to rely upon should have been of the same flavour as the enumerated ones in section 10. The language is permissive and therefore all other relevant circumstances must be considered. The discretion to invoke this ground is therefore somewhat circumscribed.