Can I ask for more child support just because the divorce laws recently changed?
The situation
I am living in Canada and I am currently going through a messy separation. My ex-partner and I have been living apart since last January, and we had a formal agreement set up for child support payments. Since the start of the year, I have been receiving a monthly pay cheque of $850 to cover our daughter's basic needs, including her school programme fees and food. However, with the recent updates to the national divorce laws that have officially come into effect, I was hoping that I could apply to the court to increase this amount to better reflect current costs. I have already spoken to a mediator, but they suggested that the recent legislative changes themselves might not count as a reason to modify our existing arrangement. I am confused because I feel like the rules are different now, so my situation should be different too. Does the fact that these new legal rules were implemented recently count as a 'change in circumstances' that would allow me to go back to court and demand a higher monthly amount for my child, or am I stuck with the old amount until something else actually happens in our lives?
Quick Summary
No, you cannot ask for more child support simply because the national divorce laws changed. The law specifically states that the implementation of these new rules does not count as a change in the circumstances of your daughter.
Detailed Analysis
Statutory Citations
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 35.7 — No change in circumstances
"the coming into force of that Act does not constitute a change in the circumstances of the child"View Official Legislation →
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 35.6 — No notice
"is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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