Provincial Child Support Service Regulations: SOR/2020-250
Canada Gazette, Part II, Volume 154, Number 25
Registration
SOR/2020-250 November 23, 2020
DIVORCE ACT
P.C. 2020-908 November 20, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to paragraphs 26(1)(c) footnote a and (d)footnote a of the Divorce Act footnote b, makes the annexed Provincial Child Support Service Regulations.
Provincial Child Support Service Regulations
Definition of Act
1 In these Regulations, Act means the Divorce Act.
Prescribed period — subsection 25.01(4) of Act
2 For the purposes of subsection 25.01(4) of the Act, a spouse becomes liable to pay the amount of child support 31 days after the day on which they were notified of the decision in accordance with the law of the province.
Prescribed period — subsection 25.01(5) of Act
3 For the purposes of subsection 25.01(5) of the Act, the prescribed period for applying to a court for an order is 30 days after the day on which both spouses were notified of the decision in accordance with the law of the province.
Calculation for deeming income — subsection 25.1(1.2) of Act
4 For the purposes of subsection 25.1(1.2) of the Act, the deemed income is the income used to determine the amount of the last child support order plus
- (a) 10% of that income, if fewer than two years have elapsed since that order;
- (b) 15% of that income, if two years or more but fewer than five years have elapsed since that order;
- (c) 20% of that income, if five years or more but fewer than 10 years have elapsed since that order; or
- (d) 30% of that income, if 10 years or more have elapsed since that order.
Prescribed period — subsection 25.1(3) of Act
5 For the purposes of subsection 25.1(3) of the Act, a spouse becomes liable to pay the recalculated amount 31 days after the day on which they were notified of the recalculated amount in accordance with the law of the province.
Prescribed period — subsection 25.1(4) of Act
6 For the purposes of subsection 25.1(4) of the Act, the prescribed period for applying to a court for an order is 30 days after the day on which both spouses were notified of the recalculated amount in accordance with the law of the province.
Coming into Force
7 These Regulations come into force on the day on which 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, but if they are registered after that day, they come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2020-247, Guidelines Amending the Federal Child Support Guidelines.