- 10 - conclude from this record that petitioner will not be able to pay her reasonable basic living expenses if she is not granted relief. In sum, assuming petitioner met the threshold requirements found in section 4.01 of the modified guidelines, we conclude petitioner does not qualify for relief because she did not meet the additional requirements found in section 4.02 of the modified guidelines. Where the requesting spouse meets the seven threshold conditions set forth in section 4.01 of the modified guidelines, but does not qualify for relief under section 4.02 of those guidelines, we employ a balancing test to determine whether, taking into account all the facts and circumstances, it would nevertheless be inequitable to hold the requesting spouse liable for all or part of the unpaid liability. Section 4.03 of the modified guidelines enumerates six nonexclusive factors that may be considered in making this determination. Because respondent applied the superseded guidelines, he considered petitioner’s request for relief in the light of eight factors listed in section 4.03 of the superseded guidelines. We now examine section 4.03 of the modified guidelines, whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011