Section 25.01 — Divorce Act: Provincial child support service — calculation of child support

With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision. To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section. The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision. A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations. Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations. The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending. After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1.