The Divorce Act Changes Explained
Provincial child support service
Recalculation of amount or application for order
(Section 25.01(7), Divorce Act)
Recalculation of amount or application for order(7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1.
What is the change
An amount in a child support decision can be recalculated by a provincial child support service or calculated by a court under s 15.1 of the Act.
Reason for the change
Under Canada’s family law system, child support is the right of the child, and child support should be updated to reflect changes, such as changes to income.
The amendment ensures that a new amount could be determined either through a recalculation by a provincial child support service, or by a court making a child support order under s 15.1 of the Act.
March 1, 2021.
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