The Divorce Act Changes Explained
Provincial child support service
Disagreement with respect to amount
(Section 25.01(5), Divorce Act)
Disagreement with respect to amount
(5) Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations.None.
What is the change
In the event of a disagreement with the amount of child support calculated by the provincial child support service, the amendment identifies the period of time within which a spouse may make an application to seek a child support order under s 15.1 of the Act.
Reason for the change
The amendment reflects principles of fairness and the constitutional jurisdiction of superior courts. Provincial law sets out the period within which a spouse may make an application for a child support order under s 15.1 of the Act, if they do not agree with the decision of a provincial child support service. In the absence of legislative guidance under provincial law, the period prescribed by the regulations under the Act applies.
When
March 1, 2021.
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