Divorce Act — D-3.4 18.1
If former spouses reside in different provinces 18.1 (1) If the former spouses are resident in different provinces, either of them may, without notice to the other, (a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service. Procedure (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act. Application (3) For the purpose of subsection (1), a former spouse shall submit an application to the designated authority of the province in which they are resident. Sending application to respondent’s province (4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident. Sending application to competent authority in respondent’s province (5) Subject to subsection (9), the designated authority that receives the application under subsection (4) shall send it to the competent authority in its province. Provincial child support service (6) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be. Service on respondent by court (7) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law. Service not possible — returned application (8) If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5). Respondent resident in another province (9) If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province. Respondent’s habitual residence unknown (10) If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3). Applicant need not be served (11) Service of the notice and documents or information referred to in subsection (7) on the applicant is not required. Adjournment of proceeding (12) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order. Request for further evidence (13) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the designated authority in the province of the applicant in order to obtain the evidence. Dismissal of application (14) If the further evidence required under subsection (13) is not received by the court within 12 months after the day on which the court makes a request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application. Order (15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted