The Divorce Act Changes Explained

Provincial child support service

Disagreement with recalculation
(Section 25.1(4), Divorce Act)

New section

Disagreement with recalculation

(4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, 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, apply to a court of competent jurisdiction

(a) in the case of an interim order made under subsection 15.1(2), for an order under section 15.1;

(b) in the case of a provincial child support service decision made under section 25.01, for an order under section 15.1; or

(c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).
Old section

Right to vary

(4) Where either or both former spouses to whom a child support order relates do not agree with the amount of the order as recalculated pursuant to this section, either former spouse may, within thirty days after both former spouses are notified of the recalculation in the manner provided for in the agreement authorizing the recalculation, apply to a court of competent jurisdiction for an order under subsection 17(1).

What is the change

In case of disagreement with the recalculated amount, the amendment provides a deadline for either or both spouses to apply to court if they disagree with the recalculated amount. The amendment also provides guidance about which section of the Act applies.

Reason for the change

The amendment establishes a process in cases of disagreement with the recalculated amount. Provincial law provides a timeframe to file an application; in the absence of rules in provincial law, the timeframe would be provided in regulations under the Act.

The provision also clarifies the relevant section of the Act to apply when there is a disagreement about the recalculated amount. For example, a spouse who has an interim order and disagrees with the recalculated amount must apply for a child support order under s 15.1.


March 1, 2021.