The Divorce Act Changes Explained

Definitions

Applicable guidelines
(Section 2(1), Divorce Act)

New section

Paragraph (a) of the definition applicable guidelines in subsection 2(1) of the Act is replaced by the following:

(a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and
Old section

applicable guidelines means

(a) where both spouses or former spouses are ordinarily resident in the same province at the time an application for a child support order or a variation order in respect of a child support order is made, or the amount of a child support order is to be recalculated pursuant to section 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and

What is the change

The amendment clarifies the definition of “applicable guidelines” to refer to the guidelines that apply at the time the application is made. The amendment also aligns the English and French versions of the Act and replaces the term “ordinarily” with “habitually.”

Reason for the change

The amendment clarifies that the applicable guidelines must be determined based on the spouses’ habitual residence when the application is made as opposed to when the order is made.

When

March 1, 2021.