As the title states, I am filing a claim to have my loans discharged because of undue hardship. I have already gone through Bankruptcy, completed in 2013-14, have been out of school since 2008.
I have letters and paperwork to substantiate the claims in the following deposition I just need some expert advice in what I am missing or need to edit.
To Whom it may concern:
Over the past ten years post-graduation I have been unable
to make the necessary payments needed to eliminate my debts under both the
National and Provincial Student Loan programs.
The following correspondence will detail all of the reasons why I am now
applying for discharge under the Hardship provision act.
In 2007 I was in my final year at ####### University, working to complete an English Major. I became pregnant with my first child. ####### was born on March 19,
2007 with Spina Bifida Myelomeningocele, a severe neural tube defect associated
with paralysis, bladder and bowel dysfunction, Hydrocephalous, and on-going orthopedic
complications. At the time we were
unsure of how extensive the prognosis was, and what sort of care it would
involve. ##### requires intermittent catheterization
four times per day, physio exercises, and bowel care. He uses a wheelchair as his main mode of
transportation. He requires custom leg
braces to be replaced as he grows. Direct Family Support covers respite,
transportation to his appointments, and supplies needed such as: enemas,
catheters, pullups, wipes, gloves, pads, lubricant, and medications.
At one point I brought up Shriner assistance, and his father
refused to allow it, over the past ten years I have independently fundraised
for assistance in equipment costs for my son.
His father states that he pays into a health plan and this is all the
help he will give. It was also later confirmed that as a Shriners kid, #####
would lose DFS support. Shriners does
not provide funding for his medical health issues, i.e., supplies, medications,
respite.
Letters were drawn up by his Neurosurgeon, Family Dr. and
Early Intervention detailing his complex needs and explaining why I would be
unable to achieve full-time work to repay and maintain financial
obligations. I filled several
communications detailing expenses and why repaying was not an option for myself,
which returning to work would not be a feasible option until my son was further
independent. ##### attends school for
4.5 hours per day (arriving home at 1:20pm daily). On top of his physical disabilities, #####
has Non Verbal Learning Disorder (http://nvld.org/non-verbal-learning-disabilities/),
and fine motor complications.
In July of 2008 #### was born, and has been diagnosed with ADHD and a
Learning Disability. He requires extra
parental support as well.
During the first 3-4
years of my children’s lives I was occupied with ##### medical needs, shunt
malfunctions, orthopedic surgeries, and hospitalizations for infections. My common-law partner at this time was
unwilling to assist, as the primary form of financial support, and as years
moved forward it was evident that our partnership was not healthy for myself or
our children. During the first 5 years
of the children’s’ lives we moved several times due to cost and childcare
needs. He had a history of violent
outbursts when things were not proceeding as planned. Over the course of our relationship there was
a lot of stress and emotional abuse. Our
first spring in #####, he experienced a major outburst, I took the kids and
left, we spent time in Counselling at ###### in ######. After a couple of months of communication he
suggested we do couples counseling, and promised to go to stress management programs
to help him cope with his addictions and mental health.
In 2012 ##### was at
the IWK Hospital for well over a month, financial and care support was slight. Following
the hospitalization I was accepted into a program intended to assist me upgrade
and get the skills needed to return to the workforce. At this time I also applied for Bankruptcy
with Grant Thornton, and proceeded to work towards removing the debts
accruing.
In the spring of 2013, the father of my children proceeded
to become increasingly emotionally and physically violent again. It culminated just after Easter when he
proceeded to break a windshield with the kids and I in the vehicle. Charges and a restraining order were laid,
and at this point the children and I went on Financial Assistance, and moved
into Government housing. Mediation through Family Court occurred and he was
ordered to pay Child Support according to laws.
We currently live on the following financial support: $1450 CTB, and
$550 Child Support. The father of the
children, ######, recently was one of the several hundred office
workers let go from ##### in #### As such, after his severance is discontinued
and his health plan runs out, Child Support may discontinue.
If I were to go back to work full time right now, I wouldn’t
take home enough to pay our bills, child care and these Student Loans. This wasn’t the way I had planned my
life. I just want to be able to look
after these children to the best of my ability.
Accessibility is a major struggle for us. I cannot get a vehicle, I cannot buy a
home. I have no financial assets. We have each other and I have growing debts
and increased anxiety. Over the years I
have received many inquiries and requests to pay down at least the interest
only payments for the Student Loans I acquired over the tenure of my
education. On several occasions I
offered what I could to support this, but our financial situation continues to
get more problematic, between rising costs of living and bills.