The Divorce Act Changes Explained

Miscellaneous

Rights – public body
(Section 20.1(3), Divorce Act)

New section

Section 20.1 of the Act is amended by adding the following after subsection (2):

Rights — public body

(3) A public body referred to in paragraph (1)(f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as the person who would otherwise be entitled to the payments.
Old section

None.

What is the change

A public body to which a support order is assigned may receive payments or make an application for the recognition and enforcement of a State Party decision that has the effect of varying a child support order. If the State Party decision cannot be recognized, the public body can apply to vary an order.

Reason for the change

Under the 2007 Convention, a public body can act in place of a creditor. Under the Act, this is done through s 20.1, which deals with the assignment of orders. The amendment allows a public body (order assignee under the Act), to receive payments or to apply for the recognition and enforcement of a State Party decision that has the effect of varying a child support order. If the State Party decision cannot be recognized, the public body can apply to vary an order.

The 2007 Convention is not yet in force.

When

The change will come into force by Order in Council.