Is it necessary to go to court to ask that the undue hardship rules apply?

If the parents cannot agree, this would take a court application. The parent claiming undue hardship must show the judge evidence that payment of child support under the Guidelines would mean that his or her household would have a lower standard of living than the other parent's household. If the judge decides to decrease the amount of support payable under the Guidelines because of undue hardship, he or she must give reasons in writing.

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