Ask a Lawyer: Family Law / Divorce

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Divorce-financial hardship

Emma Peters (Spruce Grove )

Can a person claim financial hardship in a divorce, if the other party who is supposed to be paying spousal support, and earns six times as much as the spouse that is being supported, yet is always in arrears through mep, and mep makes payment arrangements with them , that aren't adhered to, and is there a court rule number for this

0 6 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

Hi Emma,

"Undue Hardship" is a concept for the payor of support to argue as to why they cannot make the payments as ordered. If you are the recipient of support, then your argument would be that you are being prejudiced by the delay in payments or MEP's inaction in collecting the full amount of support ordered. You may also see references to "needs based" or "non-compensatory" support. It would be best for you to speak to a lawyer about the specific details of your case in a confidential setting to obtain legal advice tailored to your situation.


1 6 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

There's a bit of general information about undue hardship here: https://albertalegal.org/info/family-law/undue-hardship

I agree with Dawn though, that a lawyer would need to know your circumstances before being able to offer an opinion about whether undue hardship would apply to your particular circumstances.


0 6 months ago

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