The Divorce Act Changes Explained

Provincial child support service

Provincial child support service – recalculation of child support
(Section 25.1(1), Divorce Act)

New section

Subsection 25.1(1) of the Act is replaced by the following:

Provincial child support service — recalculation of child support

25.1 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.
Old section

Agreements with provinces

25.1 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to

(a) assist courts in the province in the determination
of the amount of child support; and

(b) recalculate, at regular intervals, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

What is the change

The amendment repeals paragraph (a) and removes the words “at regular intervals” from paragraph (b). In the French version, “l’accord” replaces “celui-ci.”

Reason for the change

Repealing paragraph (a) removes the concept of “to assist the court,” which better reflects that recalculation services are services that recalculate child support amounts in accordance with the applicable guidelines and on the basis of updated income information without the involvement of the court.

The amendment allows recalculation to be performed at regular intervals, or at the request of one or both former spouses. This provides greater flexibility to the provinces and territories in how their services are offered.

When

March 1, 2021.