The Divorce Act Changes Explained

Variation, rescission, suspension

Priority to child support
(Section 17(6.6), Divorce Act)

New section

Section 17 of the Act is amended by adding the following after subsection (6.5):

Priority to child support

(6.6) Section 15.3 applies, with any necessary modifications, when a court is considering an application under paragraph (1)(a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.

Old section


What is the change

The amendment extends the application of the “priority to child support” rule found in s 15.3 to variation applications under s 17.

Reason for the change

When considering an application for child support and an application for spousal support, s 15.3 directs a court to prioritize child support. The same direction now applies to variation proceedings.


March 1, 2021.