Provincial Child Support Service Rules

Summary#

The Provincial Child Support Service Regulations are final rules tied to the Divorce Act. They set specific time limits for when child support becomes payable and for court challenges, and they give a formula for a “deemed income” used to recalculate support when actual income is not known. The regulations were registered on November 23, 2020 and published in the Canada Gazette on December 9, 2020. They come into force when 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 comes into force (or on the day the regulations are registered if that is later).

What it does#

• For notices under the Divorce Act, it makes a person liable to pay the child support amount 31 days after they were notified of the decision under provincial law.
• It gives the other spouse 30 days (after both spouses were notified) to ask a court to change that decision.
• It sets a rule for “deemed income” when recalculating support. The deemed income equals the income used in the last child support order plus:
  • 10% if less than two years have passed since that order;
  • 15% if two years or more but less than five years have passed;
  • 20% if five years or more but less than 10 years have passed;
  • 30% if 10 years or more have passed.
• For recalculated amounts, a spouse becomes liable 31 days after they were notified of the recalculation.
• The other spouse has 30 days (after both were notified of the recalculated amount) to apply to a court for an order.

Who's affected#

• Parents who pay or receive child support after separation or divorce.
• Children whose support depends on those payments.
• Provincial child support bodies and agencies that issue decisions and give notices.
• Family courts, since the rules set short windows (30 days or 31 days) for asking for a court order or for payment to begin.

Why it matters#

• The rules set clear, short deadlines. That can speed up when payments start and limit how long someone can challenge a decision.
• The “deemed income” formula can raise the income figure used to set support when the last order is older. The longer the gap since the last order, the higher the percentage added (up to 30% after 10 years). That can mean higher child support amounts in practice when income is unknown or outdated.
• Because these are final regulations, provincial agencies will use them when applying portions of the Divorce Act they relate to, once the coming-into-force condition described above is met.