The Divorce Act Changes Explained

Miscellaneous

Guidelines – "order for child support"
(Section 26.1(3), Divorce Act)

New section

Subsection 26.1(3) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) an order made under subsection 28.5(5) or 29.1(5)
Old section

None.

What is the change

Under s 26.1, the Governor in Council can establish child support guidelines that address the issues listed in the section; s 26.1(3) defines the concept of “order for child support” for the purpose of s 26.1(1). The amendment ensures that the definition of “order for child support” includes orders made under s 28.5(5) or s 29.1(5).

Reason for the change

Section 28.5(5) and s 29.1(5) are child support orders related to the 2007 Convention, and therefore need to be included in the definition of “order for child support.”

When

The change will come into force by Order in Council.