The Divorce Act Changes Explained

Provincial child support service

Liability
(Section 25.01(4), Divorce Act)

New section

Liability

(4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.
Old section

None.

What is the change

The amendment specifies when a spouse becomes liable to pay support decided by a provincial child support service.

Reason for the change

The amendment clarifies procedure. The provinces and territories can make rules regarding when a spouse becomes liable to pay child support under a child support decision. In the absence of legislative guidance under provincial law, the amendment sets out that a spouse becomes liable to pay support on the expiry of the period prescribed by regulations under the Act.

When

March 1, 2021.