39.1 (1) In this section, “child support recalculation service” means the service established by the Government of Ontario for the purposes of this section. 2014, c. 7, Sched. 9, s. 7. Application for recalculation (2) If a party to an order for the support of a child believes that the income information on which the order was based has changed, the party may apply in accordance with the regulations for a recalculation by the child support recalculation service of the amount payable under the order. 2014, c. 7, Sched. 9, s. 7. Ineligible (3) Subsection (2) does not apply with respect to any order or child support obligation that is prescribed by the regulations as being ineligible for recalculation under this section. 2014, c. 7, Sched. 9, s. 7. Information to be provided (4) In an application under subsection (2), every party shall provide the income information and any other information that is required by the regulations, in the manner or form and within the timelines specified by the regulations. 2014, c. 7, Sched. 9, s. 7. If income information not provided (5) If a party does not provide income information in accordance with subsection (4), the child support recalculation service shall determine an income amount in accordance with the regulations, and that amount is deemed to be the person’s income for the purposes of the recalculation. 2014, c. 7, Sched. 9, s. 7. Application of child support guidelines (6) Amounts calculated by the child support recalculation service shall be determined in accordance with the child support guidelines as if the amounts were being calculated for the purposes of an order for the support of a child, subject to such modifications in the application of the child support guidelines as the regulations may specify. 2014, c. 7, Sched. 9, s. 7. Notice (7) Subject to subsection (8), the child support recalculation service shall give notice of a recalculation to the parties and to any agency to which the order is assigned showing, (a) the date on which the recalculation was made; (b) the income information on which the recalculation was based; (c) the recalculated amount payable for support and by which parent; (d) the name and birthdate of each child in respect of whom the support is payable; (e) the date on which the first payment is due and when subsequent payments become due; and (f) any other information required by the regulations to be provided in the notice. 2014, c. 7, Sched. 9, s. 7. No recalculated amount (8) If the difference between an amount payable for support under the order and the recalculated amount is less than an amount specified by the regulations, (a) the amount payable for support remains unchanged; and (b) the child support recalculation service shall give notice to that effect to the parties and to any agency to which the order is assigned, and the notice shall set out how the recalculated amount was determined and any other related information. 2014, c. 7, Sched. 9, s. 7. Certified copies (8.1) The Minister of Finance shall provide certified copies of notices of recalculation as required by subsection 11.3 (2) of the Ministry of Revenue Act. 2023, c. 9, Sched. 16, s. 24 (2). Copy to Director (9) On giving a notice under subsection (8) in relation to a support order that is being enforced by the Director of the Family Responsibility Office, the child support recalculation service shall file a copy of the notice with the Director’s office. 2014, c. 7, Sched. 9, s. 7. When recalculated amount becomes due (10) The first payment of the recalculated amount is due, (a) on the first instance of the due date specified in the order that follows the 31st day after the day the notice of recalculation is given, as determined by the regulations; or (b) on the first instance of another day consented to by the parties in the application for recalculation that follows the 31st day after the day the notice of recalculation is given, as determined by the regulations. 2014, c. 7, Sched. 9, s. 7. Corrections to notice (11) If the notice of recalculation or a notice given under subsection (8) contains an error respecting the amount payable or to whom, any party or any agency to which the order is assigned may, subject to subsection (12), apply in accordance with the regulations to have the error corrected. 2014, c. 7, Sched. 9, s. 7. Limitation on corrections (12) An application for a correction under subsection (11) may be made no later than the time specified by the regulations. 2014, c. 7, Sched. 9, s. 7. No error respecting payment (13) If the correction of the error does not result in a change to the amount to be paid in accordance with the notice or to whom, or if there is in fact no error, the child support recalculation service shall give notice to that effect to the parties and to any agency to which the order is assigned. 2014, c. 7, Sched. 9, s. 7. Copies to Director (14) The child support recalculation service shall, on receiving an application under subsection (11) or giving notice under subsection (13) in relation to a support order that is being enforced by the Director of the Family Responsibility Office, file a copy of the application or notice with the Director’s office. 2014, c. 7, Sched. 9, s. 7. Effect of correction (15) If a notice of recalculation or a notice given under subsection (8) is corrected and the correction results in a change to the amount to be paid or to whom, (a) the child support recalculation service shall give a new notice under subsection (7) or (8), as the case may be; (b) subsections (9), (10), (11), (12), (13), (14) and this subsection apply with respect to the new notice as applicable; and (c) if the error was in a notice of recalculation, that notice ceases to have effect. 2014, c. 7, Sched. 9, s. 7. Recalculation deemed to be part of order (16) Subject to subsection 25.1 (5) of the Divorce Act (Canada), on the day that the first payment of the recalculated amount becomes payable in accordance with subsection (10), the recalculated amount is deemed to be the amount payable under the order for the support of the child and, if the due date for payments under the order is changed in accordance with clause (10) (b), the new due date is deemed to be the date on which payments are due under the order. 2014, c. 7, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 33
- no effect - see 2014, c. 7, Sched. 9, s. 11 (2) - 24/07/2014 2014, c. 7, Sched. 9, s. 7 - 04/04/2016 2020, c. 25, Sched. 3, s. 4 - 01/10/2021 2023, c. 9, Sched. 16, s. 24 (2) - 08/06/2023