Hardship - Divorce Encyclopedia

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Term Definition Hardship - a condition which causes a financial strain on the ability of a parent to support his or her children.

Application in Divorce When possible, courts try to avoid creating hardships for anyone, but no one can see the future. From time to time, a divorced person experiences an unforeseen event that drastically changes his or her circumstances and ability to pay duration in making decisions.

A change in circumstance can work a hardship on either partner in a divorce -- the custodial and the noncustodial parent.

After a divorce, courts frequently entertain motions for a change in the amount of support works a hardship.

In divorce and family law, the term hardship is sometimes applied in connection with a continuing -- and extraordinary -- expense that exceeds everyday expenses and must be apportioned in some fairer way. For example, the cost of medical custodial parent, would be said to "work a hardship" if she or he is asked to pay it alone.

Courts have latitude in dealing with claims of hardship because the term is qualitative, although the dollar amounts are quantitative.