Family Support Payments—Canadian Armed Forces pensions
This page provides information about the Garnishment, Attachment, and Pension Diversion Act (GAPDA) in the form of questions and answers specific to the following audiences:
You may want to know
What is the Garnishment, Attachment, and Pension Diversion Act?
The Garnishment, Attachment, and Pension Diversion Act (GAPDA) allows for the diversion of pay and pension benefits to satisfy support, alimony or maintenance orders. This means that a portion of your pension benefit is diverted (paid) to the recipient named in the order.
If a court order has been issued in Canada, ordering a Canadian Armed Forces (CAF) pension benefit recipient to pay spousal and/or child support, that court order can be enforced in part, or in whole, through the your pay or CAF pension benefit.
Who is eligible to receive Garnishment, Attachment, and Pension Diversion Act payments?
Any person who is entitled to maintenance, support or alimony payments under a Canadian court order.
How much money can be diverted from my pension?
The amount paid out of your pension is determined according to the law of the province in which you live. Some provinces have laws providing a maximum amount that may be diverted from the pension. If you live in a province with no such law, the amount to be diverted is the amount specified in the court order, up to a maximum of 50% of your net monthly pension benefit. If you live outside of Canada, the amount to be paid out of your pension depends on the law in the province where the person applying for payment lives.
Can arrears of support, maintenance or alimony be paid out of my pension?
Arrears of support, maintenance or alimony can be paid out of your pension as long as the maximum amount allowable by the province in which you live has not been exceeded. A Canadian court order outlining the amount of arrears of support owing to date, together with a repayment schedule would have to be provided to the Government of Canada Pension Centre (except for those residing in Quebec where a statement of arrears from Direction de la perception des pensions alimentaires is sufficient).
What happens if the pension diversion is approved?
If the diversion is approved, a cheque will be forwarded to the applicant each month and your pension benefit will be reduced accordingly.
Can I file a request to cancel or reduce the amount of the pension diversion payments?
Yes. You will be notified of any application made to divert your pension payments and are allowed 30 days to file an application to reduce or cancel payments. However, payments may only be cancelled if:
- the court order has been cancelled by a Canadian Court;
- a change in the conditions set out in the order has the effect of terminating it (e.g. child support is payable to a certain age and the child is now over the age limit);
- the applicant submits a written request to withdraw the application.
How does someone apply for a diversion?
The person who is entitled to maintenance, support or alimony payments under a Canadian court order may apply to have the amount owing deducted from a former member's pension benefits.
To apply under the Garnishment, Attachment, and Pension Diversion Act the former spouse, their legal representative or the provincial Maintenance Enforcement Office must provide the Government of Canada Pension Centre with a copy of a Canadian court order and a completed Application for Diversion (CF-FC 2460).
Note: If the Canadian court order states that the support payments are to be paid to a Provincial Enforcement Office, the Government of Canada Pension Centre cannot make the payments directly to the applicant.