The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Receipt and Sending of Designated Jurisdictions' Application – if applicant resides in designated jurisdiction
(Section 19(1), Divorce Act)

New section

Proceedings Between a Province and a Designated Jurisdiction

Receipt and Sending of Designated Jurisdictions’ Applications

If applicant resides in designated jurisdiction

19 (1) A former spouse who is resident in a designated jurisdiction may, without notice to the other former spouse,

(a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

(b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.
Old section

None.

What is the change

The amendment establishes an application-based procedure for former spouses who habitually reside in a designated jurisdiction. It also enables a former spouse to request to have a child support amount calculated or recalculated by a provincial child support service, if the service is available in the receiving jurisdiction.

Reason for the change

Until now, a former spouse living in a designated jurisdiction could not vary an order made under the Divorce Act unless they applied directly to a Canadian court in the jurisdiction where the respondent ordinarily resides. With the amendment, a spouse living outside of Canada in a designated jurisdiction can use the new application procedure to obtain or vary an order under the Act.

The former spouse can also apply to have an amount of child support calculated or recalculated by a provincial child support service (if this service exists in the respondent’s province). The provincial child support service determines eligibility.

When

March 1, 2021.