The Divorce Act Changes Explained

Provincial child support service

Withdrawal of application
(Section 25.1(6), Divorce Act)

New section

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(6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse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.
Old section

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(6) Where an application made under subsection (4) is withdrawn before the determination of the application, the former spouse against whom the order was made becomes liable to pay the amount as recalculated pursuant to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.

When

March 1, 2021.