The Divorce Act Changes Explained

Provincial child support service

Effect of deeming of income
(Section 25.1(2.1), Divorce Act)

New section

Subsections 25.1(3) and (4) of the Act are replaced by the following:

Effect of deeming of income

(2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.
Old section

None.

What is the change

A spouse’s income deemed under s 25.1(1.2) is deemed to be the income for the purposes of the child support order.

Reason for the change

This amendment clarifies procedures. The deemed income is used to determine the amount of child support payable under the child support order for future recalculation.

When

March 1, 2021.