# Can I ask for more child support just because the divorce laws recently changed?

- Jurisdiction: Canada
- Practice area: Family Law
- Published: 2026-10-23
- Last updated: 2026-10-23
- Canonical: https://lawasked.com/ca/family-law/can-i-ask-more-child-support-just-because

## Question

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?

## 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.

## Analysis

Under the Divorce Act, you cannot use the recent legislative updates as a reason to modify your existing child support arrangement. The law is very clear on this point. Specifically, it states that "the coming into force of that Act does not constitute a change in the circumstances of the child" [cite:ca-divorce-act-sec35p7]. This means that the mere fact that new legal rules were implemented does not qualify as a 'change in circumstances'—which is a legal term for a significant shift in a person's life situation that justifies changing a court order or agreement. 

In your specific situation, even though you feel the $850 monthly payment for your daughter's food and school fees should be higher to reflect current costs, the recent changes to the Divorce Act itself cannot be the basis for your application to the court [cite:ca-divorce-act-sec35p7]. While you might be able to seek an increase if other things change—such as your ex-partner's income or your daughter's specific needs—the law prevents you from using the new legislation as the trigger for a modification. 

Additionally, while there are rules regarding notice for changes in residence or parenting arrangements, these do not apply to your request for a change in support amounts based on the new laws [cite:ca-divorce-act-sec35p6]. Because the law explicitly excludes the new Act from being a valid reason for change, you are effectively stuck with the current $850 amount unless a different, non-legislative event occurs. State, provincial, or local laws may add further rules regarding family law and support, so you should check your specific provincial regulations.

## Statutory citations

- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 35.7 - No change in circumstances [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-35.7)
  > the coming into force of that Act does not constitute a change in the circumstances of the child
- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 35.6 - No notice [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-35.6)
  > 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

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