The Divorce Act Changes Explained
Provincial child support service
Withdrawal of application
(Section 25.1(6), Divorce Act)
Subsection 25.1(6) of the Act is replaced by the following:
Withdrawal of application(6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.
Withdrawal of application(6) Where an application made under subsection (4) is withdrawn before the determination of the application, the former spouse against whom the order was made becomes liable to pay the amount as recalculated pursuant to this section on the day on which the former spouse would have become liable had the application not been made.
What is the change
The words “child support” and “spouse” have been added for clarity.
Reason for the change
This is a technical amendment that modernizes the language. The term “child support” is defined in s 25.1(7). There is no substantive change to the provision.
March 1, 2021.
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