Connie J. Meadows - Page 11

                                      - 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             Because respondent applied the superseded guidelines, he                 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        factors listed in section 4.03 of the superseded guidelines.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, which                    












Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011