Provincial Child Support Service Regulations

Summary#

These are proposed Provincial Child Support Service Regulations under the Divorce Act, published in the Canada Gazette on March 21, 2020. They set short timelines for when a person becomes liable for child support after being notified and a formula for a “deemed income” increase when an old child support order is used to recalculate support. Interested people had 30 days from publication to comment.

What it does#

• Defines that “Act” in the regulations means the Divorce Act.
• Sets when a parent becomes liable to pay an amount set by a provincial decision: 31 days after that parent is notified of the decision.
• Sets the time allowed to apply to court to challenge a provincial decision: 30 days after both parents were notified.
• Gives the method for calculating a “deemed income” when recalculating support from a past order. The recalculated income is the income used in the last order plus:
  • 10% if fewer than 2 years have passed since that order;
  • 15% if 2 years or more but fewer than 5 years have passed;
  • 20% if 5 years or more but fewer than 10 years have passed;
  • 30% if 10 years or more have passed.
• For recalculated amounts, the same timelines apply: a parent becomes liable 31 days after notification, and there is 30 days for both parents to apply to court.
• The regulations would come into force on the day section 24 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, chapter 16 of the Statutes of Canada, 2019 comes into force (or on the day the regulations are registered, if that happens later).

Who's affected#

• Parents with child support orders or provincial child support decisions, especially those with older orders.
• People who pay child support: the “deemed income” increases could be used to raise calculated payments when an old order is reassessed.
• People who receive child support: they could see faster enforcement or higher recalculated amounts.
• Provincial child support offices and courts, because they handle notifications, recalculations, and any resulting court applications.
• Family lawyers and advisers who help people respond within short timelines.

Why it matters#

• The rules create quick deadlines: a parent generally becomes liable 31 days after notification and has only 30 days to go to court. That can be a short window to find evidence or mount a legal challenge.
• The “deemed income” increases mean that older orders can lead to substantially higher recalculated support amounts — up to 30% more income used to set support if an order is 10 years old or more.
• For people whose financial circumstances or contact with the other parent have changed, these rules affect how and when support is enforced or recalculated.
• Because this was published as a proposal, it was open for comment (the notice gave 30 days to respond). The rules were not final at publication.