The Divorce Act Changes Explained
Conversion of Applications
Assignment of support order
(Section 18.3(2), Divorce Act)
Assignment of support order
(2) Before the court hears and determines an application under paragraph (1)(a), the court shall take into consideration
(a) whether the support order has been assigned under subsection 20.1(1); and
(b) if the support order has been assigned, whether the order assignee received notice of the application and did not request a conversion under subsection 18.2(1).None.
What is the change
When the respondent does not reply to an application to vary support made under s 17, the court must satisfy itself that the original support order has not been assigned to a provincial or territorial government. If it has been assigned, the court must satisfy itself that the order assignee received notice of the application to vary and did not request the new inter-jurisdictional application proceeding.
Reason for the change
Under s 20.1(1), a support order may be assigned to a minister, member, agency or public body. This typically happens when the support recipient is on social assistance. Under s 20.1(2), an order assignee has the right to be notified of, or to participate in, proceedings under the Act to vary, rescind, suspend or enforce a support order.
The amendment ensures that a court considers if the support order has been assigned and whether the order assignee received notice of the variation application. This would allow the order assignee to participate in the proceeding, as required.
When
March 1, 2021.
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