child support quebec

Child Support Quebec (Family Lawyer’s Tips)

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We understand that there are lots of material written on child support.

Wouldn’t it be great to have all the useful information in one guide?

A guide with information easily presented and reliable…

Well, we have thought of you!

Here, in one place, you will find our full child support guide written and offered to you as a digital candy!!

That’s right, we have THE FULL GUIDE.

In this comprehensive guide, we will go over all the essential elements relating to child support as applied in the Province of Quebec.

We have devised our guide in the form of frequently asked questions with simple and easy to understand questions and answers.

Ready to dive in?

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Let’s being.

Child Support Obligations

Although parents may separate from one another, their children will continue to have needs both emotionally and financially. 

The law requires that both parents, whether married or in a common-law relationship, continue to provide for the needs of their children even after their separation.

Ultimately, if the parents cannot mutually agree on their children’s financial needs or how much they should each contribute, then, on the application of one parent, the law will make that determination. 

When child support is established by the Court, the alimentary obligations will subsist for so long as the child is unable to provide for his or her subsistence, even past the age of majority.

This means that even when a child turns eighteen or over but is still financially dependent, then the alimentary obligations will continue to apply.

In the Province of Quebec, the Quebec Child Support Guidelines provides for the framework for establishing child support.

What Financial Needs Are Covered By Child Support?

Child support payments are meant to cover the following nine basic survival needs of your children summarized as follows:

  • food
  • lodging
  • telecommunications
  • household maintenance
  • personal hygiene
  • clothing
  • furnishings
  • transportation
  • leisure activities

These are factors that the law considers to be the basic needs applicable to all children.

Is Child Support A Fair System For Parents And Their Children?

Yes. The child support regime is a fair system that attempts to treat all children and their parents ‘equally’. 

For the child support regime to be effective, considering the child support regime must apply to everyone the same way, the law must treat everyone equally.

Treating children equally means finding the right balance for families having different levels of household income, families prioritizing different types of expenses and seeing child development and progress differently.

It goes without saying that the most ideal situation for a child is to have both parents mutually decide on their children’s expenses and manage their everyday needs.

In the absence of a mutual agreement, then, the law must apply and set the proper levels of financial contribution for each parent.

Is Child Support A Taxable Income? 

No, child support payments are not subject to any tax treatment and are not taxable income.

In other words, the parent paying will not deduct the child support payments from their income taxes and the parent receiving will not add that as a source of revenue.

Support payments are net of any taxes and this is pretty logical when you think about it.

When you were living with your spouse, you were both using your net revenue, after taxes, to buy things for your children and pay for their expenses.

When you separate and receive child support, the parent paying has already paid taxes on his or her revenue before being able to make the child support payment to you, so to you, this payment should not be considered a taxable revenue again. 

Therefore, paying for your children’s expenses with your net revenue will not result in any additional taxes as this would be sort of the government double dipping.

When Does The Quebec Child Support Guidelines Apply?

The Quebec Child Support Guidelines applies when both parents live in the Province of Quebec or when the payor lives outside of Canada and the beneficiary livings in the Province of Quebec.

The actual child support amount is determined on the basis of these guidelines that takes into account the cost of living and realities of living in the Quebec Province.

On a yearly basis, the government of Quebec publishes the tables applicable in the current year. 

You can consult the Justice Quebec’s website to access the published tables.

When Does The Federal Child Support Guidelines Apply?

The Federal Child Support Guidelines will apply when the beneficiary of child support lives in the Province of Quebec and the payor lives in another Canadian province. 

The amount of child support will therefore be established based on the calculations required under the Federal Child Support Guidelines. 

Even if the Federal Guidelines apply, both parents can mutually agree to calculate their child support obligations based on the Quebec Guidelines.

What Factors Are Considered To Establish Child Support?

To establish the amount of child support payable on a yearly basis, the following factors are typically considered:

  • the total income of each parent
  • the number of children for which child support is requested
  • the total parenting time exercised by each parent with each child
  • special expenses for the children such as daycare, postsecondary education 

For the child support regime to be fair to all Quebec residents, the law must find a way to treat all parents and children ‘equally’.

Every family lives differently and has a different lifestyle.

To achieve this normalization, the law considers the above variables in an attempt to objectively assess each family’s financial needs.

Essentially, the actual amount of child support that will be determined is the result of statistical analysis of the average household income when it comes to the household expenses and the cost of raising children.

The law considers that all children have nine basic needs for them to grow and develop normally. 

These nine factors are:

  • food
  • lodging
  • clothing
  • furnishings
  • telecommunications
  • transportation
  • personal hygiene
  • household maintenance
  • leisure activities

Parents must pay child support representing the minimum required to meet the children’s survival needs but can also contribute a higher amount as they so choose. 

In the event of dispute and when the parents cannot agree, then based on the Quebec child support guidelines or the Federal child support guidelines, the law will set the minimum amount of support needed for the children.

Based on the Quebec guidelines will require that you complete the Child Support Determination Form, or Annex 1, to perform the necessary calculations.

What Factors Are Considered By The Child Support Determination Form To Calculate Child Support?

There are several factors that the Quebec laws considers to calculate child. 

These factors are:

  1. the parents’ income from all sources
  2. the number of children for which child support is requested
  3. the parenting arrangement and time spent by each parent with the child or children
  4. the child or children’s special and particular expenses
  5. the overall financial capacity of each parent

We have an interesting article that provides you exact details on how child support is calculated in Quebec if you are looking to walk through an example. Feel free to check it out!

Factor 1: Parent’s Income From All Sources

One important factor that will be considered is the income of the parents from all sources. 

This means that the parents will need to disclose the gross value of all their sources of revenues earned globally. 

This can be salary, income through businesses or self-employment, dividends, investments and any other sources of earnings.

For revenues such as self-employment revenues and rental revenues, the Court will look at the net revenue after operating expenses have been paid, in other words, the net revenues.

These sources of revenues are identified in the Child Support Determination Form required in every case dealing with child support.

There are some deductions authorized from your gross revenue. 

These deductions consist of the following:

  1. a fixed amount established by the law yearly
  2. union dues if either parent is subject to a collective bargaining agreement
  3. professional association dues if a parent is a member of a professional code

The total income less the above authorized deductions will represent the parent’s total disposable income for the purpose of calculating child support.

Factor 2: Number of Children

Another factor that will impact your child support payments is the number of children for which child support is requested.

In Quebec, the law has clearly defined specific amounts to be paid depending on the number of children you have and both parents’ total disposable income as you can be seen under the “Basic Parental Contribution Table”.

You can consult the published tables on the Justice Quebec’s website for the current year and the year prior.

This table is the result of a statistical and actuarial analysis of the cost that households incur for providing the nine basic needs of their children, namely:

  • food
  • lodging
  • clothing
  • furnishings
  • telecommunications
  • transportation
  • personal hygiene
  • household maintenance
  • leisure activities

The amounts in the Basic Parental Contribution Table applies to all Quebec residents without distinction when calculating child support.

Although the Courts have discretion to change child support payments and deviate from these tables, the rule is for the table to apply most of the time. 

Factor 3: Children’s Particular And Special Expenses

As we have seen, the Basic Parental Contribution Tables in Quebec establishes the amount of child support needed to be assumed by both parents providing for the nine basic needs of their children.

There may be other expenses that may be considered and added to the amount determined by the basic parental contribution table, namely, particular or special expenses.

Based on the nature of the particular and special expenses of the children, the Court has the discretion to increase or decrease the child support payment.

Child Care Expenses

Child care expenses are those relating to the caring of a child that will be added to the basic child support obligation. 

Typically, if both parents work and need to put their child or children in daycare, then the daycare costs will need to be divided between the parents based on the formula outlined in the Child Support Determination Form.

Postsecondary Education Expenses

Postsecondary education expenses represent the costs associated with putting your child or children in college or university along with any ancillary expenses.

The Courts can consider these expenses in a broader sense than purely education expenses. 

For instance, if your child is going to university, in addition to tuition fees, your child may have to pay transportation costs or rent an apartment close to university, these expenses will be considered by the Court to the extent they are reasonable.

Also, if your child is over the age of 18, attending school full-time and financially dependent, the parents will remain responsible to assume the postsecondary expenses.

Special Expenses

There are other types of expenses that your child may have over and above their basic needs that the Court can add to the basic child support amounts.

Your child may need to buy glasses, undergo orthodontic treatment, pay for sport training and courses if your child wishes to seriously pursue a sport or any extracurricular activities such as music.

When you demonstrate to the Court’s satisfaction that such special expenses are required for the ongoing development and progress of your minor child, then the Court will add the amount it considers reasonable as special expenses on top of the child support to be paid. 

The following is a non-exhaustive list of special expenses that can be pursued in Court:

  • daycare expenses
  • child care expenses for health reasons
  • health insurance premiums
  • college expenses
  • university expenses
  • sport activities
  • music
  • extracurricular activities

Factor 4: Parenting Arrangement

In a nutshell, the more a parent spends time parenting a child, the more this parent will be entitled to receive child support.

As a result, the parenting time will have a direct impact on how much a parent must pay in child support.

For instance, if both parents equally share the parenting time with their children and have similar income, then neither parent will owe child support to the other.

On the other hand, if a parent cares for a child full-time while the other parent exercises parenting time for only a few hours a month, then the latter parent who seldom sees the child will certainly need to pay child support to compensate for this inequality.

Factor 5: Parents’ Overall Financial Capacity

The law has designed child support obligations in such a way that a parents’ overall financial capacity will be considered when establishing child support.

In essence, a parent will not be asked to pay more than half of his or her disposable income in child support. 

This financial capacity will be considered when the Court is asked to establish child support payments.

Furthermore, the overall financial position of each parent will also be considered by the Court, such as the amount of assets and liabilities that appear on each parent’s balance sheet.

When we refer to assets, we refer to any movable or immovable property with value that is owned by a parent. 

When we refer to liabilities, we refer to any debt, loan, debt or financial obligation of each parent on their balance sheet.

In some cases, a parent will incur debt for the sake of the family and that’s something that the Court will take note of.

In other cases, a parent will artificially create a level of indebtedness as a means to reduce child support obligations and the Courts will also take proper note of such strategies.

These strategies can backfire as the judge has an important level of discretionary power to establish child support based as it deems appropriate in the circumstances.

Will Child Support Payments Be Automatically Increased On An Annual Basis?

Yes, unless there is a new judgment awarding a different amount of child support to be paid, child support payments will increase annually, effective January 1st of every year, by an amount established by law, more commonly referred to “yearly indexation”.

The yearly indexation will follow the index applicable to the pensions under the governance of the Régime des rentes du Québec.

To adequately adjust for the realities of the tax rates and other factors applicable to residents of the Province of Quebec, the Provincial government, through the Justice Quebec, adjusts the child support indexation as per the table published to this effect.

The table to determine the basic contribution of each parent can be consulted on the Justice Ministry’s website.

Therefore, anyone paying child support will see an increase in what they owe on a yearly basis based on the indexation factor, or percentage increase, as published by the Quebec government.

What Is Child Support Indexation? 

You can find the yearly child support indexation tables for the Province of Quebec published on Justice Quebec’s website. 

These tables are available for the current year and prior years.

Do I Have To Exchange My Income Information After Child Support Judgment Is Issued?

Yes. Even though child support may have been established on the basis of a judgment years ago, the parents must exchange their income information on demand.

The purpose of this exchange of income information is to ensure that the child support that is actually being paid reflects the real income realities of the parents and is consistent with the law.

For example, if the paying parent’s income has gone up, then, according to the Quebec child support guidelines or Federal child support guidelines, the child support obligation should be increased.

Similarly, if there is a change in income levels of the parents that warrant a reduction of child support payments, then the parents are entitled to know what is their real child support obligation.

Can I Stop Paying Child Support When My Child Reaches The Age of 18?

No. This is a common misconception that child support will either automatically stop when a child turns 18 or you can simply stop paying child support after your child turns 18.

Child support actually does not stop when your child turns 18 if your child continues to be financially dependent and is unable to meet their own subsistence.

For example, your child may be studying full-time at university and wishes to obtain his or her university degree. In this case, while your child may study in university, child support obligations will continue to apply.

There could be other instances where your child will remain financially dependent for medical reasons. 

The parents will therefore remain obligated for the support payments until their child can achieve financial independence. 

Who Can Ask For Child Support For A Child Over The Age Of 18?

The child turning 18 or over can legally apply to the Courts and demand that the parents continue their child support obligations.

Just like any other child support application, the child must demonstrate that he or she is financially dependent and requires the support of his or her parents for ongoing subsistence. 

In other cases, the parent who is financially taking care of the adult child can apply before the Courts to receive child support for the benefit of the adult child.

If one parent makes an application, the adult child can object to such application and request that the Courts award support to him or her.

What is seen typically is that the parent who is financially responsible for the child will continue to receive the support payments even after the child has reached the age of majority.

Will A Child Over The Age Of 18 Be Entitled To Child Support Even When Working Part-Time?

Yes. The child over the age of 18 will continue to be entitled to child support even when working part-time provided that he or she remains financially dependent.

It is common to see teenagers or young adults working part-time while pursuing their education full-time so they can pay their day-to-day expenses.

If that is the case, the Courts will not penalize the young adult for wanting to get a job experience and become a more responsible person to ultimately achieve financial independence.

However, depending on the amount of income earned by the young adult child, the Court can consider a slight reduction of child support obligations of the parent obligated to pay.

Can a Child Over The Age of 18 Take Child Support Recourse Against His or Her Parents?

Yes, a child over the age of 18 who is financially dependent can take a recourse directly against his or her parents for child support.

This means that the adult child can take a child support recourse without the assistance of a parent. 

Naturally, if a child over the age of 18 takes a legal recourse for child support, recourse can be taken against either parent or both.

The substance of the Court’s evaluation for establishing child support does not change even if the recourse is taken by the adult child.

The Court will want to see if:

  • the adult child is financially dependent
  • what are the young adult’s reasonable expenses
  • is he or she full-time in school
  • are there part-time revenues to be considered
  • how much is each parent already contributing
  • is the child doing everything possible to minimize his or her expenses
  • does the child have a disability that affects his or her path to achieve independence
  • do the parents have sufficient financial capacity to pay
  • is the child getting help or support from anyone else

With all that considered, among other factors of course, the Court will make a child support ruling.

In What Cases Can The Court Refuse To Award Child Support To An Adult Child?

There are instances that the Court will refuse to award child support to an adult child when it considers that the child’s demands are unreasonable or frivolous.

When the Court evaluates the child support needs of an adult child, the Court will analyze the case carefully so as to achieve a balance between an adult child’s real needs as opposed to using the money frivolously or mismanaging it. 

In several cases, the Court can refuse child support to an adult child when: 

  1. the child does not demonstrate seriousness in working towards financial independence
  2. the child essentially lazy
  3. the child has no plans to study and no plans to work
  4. the child’s behaviour towards society and parents is unacceptable

Will I Have To Pay Child Support Even If The Other Parent Earns A Higher Income?

Most of the time, the parent with the higher income will be the one paying child support. 

However, there are some scenarios where the parent who earns a higher income may be entitled to child support.

In Quebec, child support is established based on a few variables, namely:

  1. parent’s income
  2. parenting time and arrangement
  3. number of children
  4. children’s special expenses

In the scenario where the parent with the higher income has all the parenting time of the children and pays for all the children’s special expenses, then, the other parent, although with a lower level of income, will need to contribute to these expenses.

When the Court establishes child support, the Court will consider what are the special expenses that are reasonable based on the children’s needs and what the parents can afford. 

If the parent with the higher income wants to put the children at an expensive private school although the children had always studied in public schools the Courts will surely analyse the case closely.

If I Want To Increase Or Reduce My Child Support Payments, What Will I Need To Show The Court?

To ask for an increase or decrease in child support payments, typically, you will need to prove a change in circumstances that a Court will consider important enough to warrant a recalculation of child support.

To show that your situation has changed since the last child support judgment was awarded, you will need to demonstrate that today, your financial situation or your parenting arrangement have significantly changed to a point where the actual child support payments no longer reflect reality.

For example, if one parent gets a significant promotion at work and makes significantly more money, or even loses a job for a long period of time, these are factors that can bring a Court to adjust child support either upwards or downwards.

The Court can also look at other factors aside from a parent’s income, such as:

  1. valuable assets and property owned or acquired by a parent
  2. financial distress and bankruptcy and circumstances surrounding that
  3. indebtedness by a parent to the bank or other creditor benefiting the other parent or the child
  4. the financial impact of a parent exercising parenting time with the children if they live in another city or country

These are just a few factors that the Court can look at but there could be many other reasons that you can demonstrate that since the date of the last judgment, the situation of the parents and children have significantly changed warranting a recalculation of child support.

Can I Ask For A Reduction In Child Support If I’m Paying Child Support For Another Child?

If you are paying child support for a child from another marriage or relationship, the Court will consider your financial obligations and overall financial capacity to pay child support.

The Court must make a decision in the best interest of the child as child support is intended to pay for basic survival needs of your children.

As a result, the Court will need to exercise a level of discretion to be able to see what’s good for the child who needs child support and what’s good for the parent who will also need to be able to continue to afford his or her own basic survival needs.

It may not be an easy exercise and it certainly is not easy for the Court but in cases like this, you will need to establish what’s being paid to the other child and what does the law require that you pay for this child so the Court can assess the overall impact on you. 

Can We Agree That A Parent Pay Child Support For An Amount Different Than What The Law Requires?

Yes, the parents can mutually agree to have the child support payments be an amount different than what’s required under the law.

In most cases, when the amount agreed is greater than the minimum required by law, there is very little resistance from the Court in accepting to award such amount.

However, if the child support amount agreed by the parents is below the minimum established by law, then the Court will scrutinize the reasons why this is the case.

Remember, child support is to provide for your child’s minimum and most basic needs.

So when the parents agree to an amount inferior, it must be clearly justified as to why the parents want that the children receive an amount less than what’s legally considered the minimum.

The Court will exercise discretion in accepting or rejecting the parents’ proposal when the child support mutually agreed is below the legal mandated amount.

Will My Income Tax Return Be Sufficient To Prove My Income?

Your income tax return is one factual consideration when assessing your total income for the purpose of establishing child support.

The income that you have declared to the federal and provincial governments do not necessarily prove your income and the Court may request that further evidence be presented to establish your income.

If a parent works in an industry where there is a lot of undeclared income, works under the table or receives unreported cash revenues, then it may be difficult to take the income tax declaration as a direct proof of income.

In such a case, the parent’s real income is not the same as what’s declared in the income tax declarations.

The Other Parent Does Not Pay Me Child Support, Can I Prevent Him Or Her From Seeing The Child?

No, that’s not a possible remedy to collect child support. 

If the other parent is not paying child support, even though this default can cause you emotional and financial distress, you must immediately apply to Court to get child support.

If you already have a support judgment that requires the other parent to pay child support, you can communicate with Revenu Quebec to see the status of their collection strategies. 

Remember that Revenu Quebec is the child support administrator and will pursue all individuals who are ordered to pay child support and are failing to do so.

Must Grandparents Pay Child Support To Their Grandchildren?

No. There is no legal obligation for grandparents to pay child support for their grandchildren. 

Although this situation is extremely rare, it could happen that the grandparents may have the financial means to pay child support.

However, even with great financial means, there are no legal avenues requiring grandparents to pay child support.

What Should I Do If I Signed A Document Agreeing That The Other Parent Should Not Pay Me Child Support Or Agreed To A Very Small Amount?

When it comes to the payment of child support and assuming the basic needs of your children, the law is clear, no matter what was verbally agreed or even what was put in writing, when you apply to Court for child support, the calculation will follow the formula established by law.

This means that the document you signed will not be held against you or prevent you from asking or increasing your child support.

The document is a factual evidence that perhaps the Court will want to consider and understand but ultimately the judge must ensure that the basic needs of the children are met regardless of what’s put on paper between the parents.

Where Do I Find The Quebec Tables Determining The Basic Parental Contribution? 

Justice Quebec publishes the yearly Basic Parental Contribution Tables that you can consult for further review. 

When both parents live in the Province of Quebec, the child support tables will allow you to identify the total amount of child support needed to be assumed by both parents.

This is the basic parental contribution.

This table is published and updated on a yearly basis to reflect any changes in the federal or provincial taxation regime that could impact Quebec residents.

What Is The Child Support Determination Form (Annex 1)?

The Child Support Determination Form is the legal form that must be completed to calculate the child support payable under the Quebec child support guidelines. 

By completing this form, also known as “Annex 1”, you will be guided to provide all the relevant information and details needed to actually perform the child support calculation.

In the Child support determination form, you will specify the income of both parents, specify the number of children for which you want to calculate child support, clarify the parenting time and arrangement that will apply for your child or children and provide details on any special expenses that you may be assuming like care expenses, postsecondary or particular expenses.

The Annex 1 form is required to be signed by the parents for any case that will require the Court to establish or modify child support.

This form can be signed by one party if the child support request is made by one parent against the other. 

If the other party does not agree with the way you have completed the Annex 1 form, he or she will complete the Annex 1 by providing what they consider to be the proper information for the Court to consider.

Ultimately, the Court will consider the information provided by each parent in their respective Annex 1 forms and will make a decision as to what should be the child support payable by a parent.

If the parents are in agreement, Annex 1 can be completed jointly by the parents.

Once the Annex 1 is a form that must be signed under oath as each parent must swear that the information they are providing the Court is the whole truth and nothing but the truth.

For any further information on the Child support determination form, the Quebec government has published a brochure to help answer your questions. 

You could consult The Québec model for the determination of child support payments: Answers to your questions: a step-by-step guide to the process should you have any questions on completing this form.

What Is The Statement Required Under Article 444 Of Civil Code Of Procedures?

The Statement required under Article 444 of the Civil Code of Procedures must be completed when dealing with child support cases.

This form, also known as “Form 444”, will ultimately be sent to Revenu Quebec who will open the support file for the purpose of administering child support payments.

For the purpose of facilitating the payment and processing of child support payments between parents, the collection and payment of child support is handled by Revenu Quebec mandated by law to act as the administrator.

Typically, the Statement required under Article 444 is filed along with the Child support determination form in any family law case where child support is addressed. 

What Government Services Are Available For Recalculating Child Support?

There are a couple of services that the Quebec government has made available to Quebec residents who need to find a low-cost way of recalculating child support formally through the Courts.

SARPA 

One service that can help you formally recalculate child support is called “SARPA” acronym for Service administratif de rajustement des pensions alimentaires pour enfants. 

This service is essentially a child support recalculation services offered by the legal aid institution.

With this service, parents can request that their child support obligations be adjusted without having to go to Court provided their case is simple and does not any any complexities.

The procedure in such cases has been simplified to accommodate parents who want to make changes to their support order.

You can go on the SARPA website to assess if you are eligible to use their services and, if you are, you can complete their online applications.

If there is a change in the circumstances requiring that the child support be revised, such as the income of the parties have changed or the parenting time and arrangement has changed with the child or children, then the SARPA services could be interesting to consider.

You can verify to see if you are eligible to use the SARPA services should you wish to consider this option.

Homologation Assistance Services 

The Homologation Assistance Service is another mechanism that allows parents to modify their parenting order or child support payments where an order of the Court was already rendered.

In this process, the parties will consult with a family lawyer of their choice who will draft the agreement relating to the parenting time and arrangements along with child support.

Then, this agreement is sent to the Superior Court of Quebec who will ratify the agreement via a special clerk having legal authority to render the agreement into an executory judgment.

The parents will then receive a formal certified copy of their judgment adjusting their previous Court judgment in the mail.

The Homologation Assistance Service thus helps parents make changes to their Court judgment when they can reach a mutual agreement either directly with one another or through a mediator. 

What Is Revenu Quebec’s Role As Child Support Administrator?

In the Province of Quebec, Revenu Quebec is legally mandated to administer the child support payment and collection under the Support-Payment Collection Program.

The support-payment collection program applies to every judgment establishing support payments where the support payments were first ordered as of December 1, 1995. 

As a result, when the Superior Court of Quebec orders child support to be paid in a judgment, Revenu Quebec will be administratively notified of this obligation and they will automatically start administering the payment and collection.

A judgment awarding support is first registered with the Justice Ministry. 

The courthouse then sends us a copy of the judgment to Revenu Quebec who then starts with the collection process. 

Can I Be Exempt From Making Support Payments To Revenu Quebec?

Yes, you can request for an exemption when both parents agree to handle the payment of child support privately. 

This exemption must be authorized in the judgment ordering the payment of child support as the Court will formalize the exemption and require that the payor pay the beneficiary of child support directly.

APPLYING FOR AN EXEMPTION

You can apply for an exemption from making payment of child support through Revenu Quebec in a joint application, settlement agreement in a divorce or separation case, or when dealing with parenting time and parenting arrangement orders.

One important point to remember is that even though you may agree with the other parent of your child that you will pay him or her directly and be exempt from paying through Revenu Quebec, the Court will assess this request and must approve it.

Although the Court will typically acknowledge the agreement of the parties, but the Court has the ability to impose that child support be handled through Revenu Quebec.

In cases where the Court has already rendered a judgment without addressing the question of the exemption, you can still jointly apply for the exemption using the Application for exemption under Article 3 of the Act to facilitate the payment of support.

Providing A Security

When you ask for an exemption, you will be required to provide Revenu Quebec a security equivalent to one month of the value of your child support obligation.

Typically the security consists of you paying the value of one month of child support and Revenu Quebec will keep this amount on file as a deposit. 

During the exemption period, the paying parent will pay child support directly to the beneficiary and should there be any sources of conflict on this regard, upon demand by the beneficiary, Revenu Quebec can start the collection and administration.

That’s when the security deposit will be used to cover one month’s worth of child support.

The security can also be through a security or suretyship offered by your financial institution or even a letter of guarantee from the bank.

Ending And Termination Of The Exemption

The exemption can be ended through a mutual and joint application by the parents to the Court. 

The exemption period can also end for other reasons such as not providing the required security or maintain the security on account during the entire exemption period or even if you fail to pay child support to the beneficiary and this default is reported to Revenu Quebec.

When the exemption period is over, then, the standard collection and administration mechanism by Revenu Quebec will be reinstated.

Revenu Quebec will then, as it typically does, send you a payment order so you can send post-dated cheques or will collect the child support amounts through a deduction at source through your employer if it’s possible.

If the exemption period is terminated due to default in paying child support by a spouse, then you can expect Revenu Quebec to take immediate measures to enforce the child support payments and collect all arrears along with interest. 

What Are My Recourses To Get Child Support If The Other Parent Moves Outside Of Quebec?

If you are entitled to child support on the basis of a judgment rendered by the Quebec Courts, you will continue to be entitled to your child support payments even if you move outside of Quebec.

Under the Act respecting reciprocal enforcement of maintenance orders, you can enforce your Quebec child support judgment in all Canadian provinces and territories.

You can also enforce your child support judgment in ten (10) US States who cooperate under the terms of this Act. These States are:

  1. Vermont
  2. Pennsylvania
  3. Oregon
  4. New York
  5. New Jersey
  6. New Hampshire
  7. Massachusetts 
  8. Maine
  9. Florida 
  10. California

What Happens If Other Parent Moves Outside Of Quebec And Does Not Make Support Payments?

If the payor of child support moves out of the Province of Quebec when the Superior Court of Quebec had rendered a judgment awarding you child support, then the Act respecting reciprocal enforcement of maintenance orders will apply depending on where the payor has moved.

All Canadian Provinces and Territories collaborate under this Act to help enforce your Quebec judgment.

There are also ten (10) US States that also collaborate under this Act to help administratively enforce your child support judgment rendered in Quebec.

If a Quebec judgment as ordered a parent to pay child support, then, under the Quebec laws, the parent must pay child support regardless if they subsequently move outside of Quebec or not.

If the payor fails to pay your child support and defaults in the payments, then your Quebec judgment can be enforced across the entire Canadian Province and Territories and in ten (10) US States through the assistance of Revenu Quebec.

What Happens If The Other Parent Moves Outside Of Quebec In A Place Revenu Quebec Cannot Help Me Collect My Payments?

If a judgment in the Province of Quebec has ordered a parent to pay child support and that parent moves outside of Canada to a place where the Act respecting reciprocal enforcement of maintenance orders does not allow Revenu Quebec to assist you with the collection, then you can require the enforcement of your judgment by having it recognized by the local Courts where the parent now lives.

Even in such cases, although Revenu Quebec does not have a legal path to collaborate with the government of where the parent has moved, they can nonetheless exercise legal rights in Quebec by seizing the defaulting parent’s property or assets located in Quebec.

If the defaulting parent does not have assets in Quebec, then you’ll need to consider contacting a lawyer in the parent’s new place of residence so you can have your child support judgment ratified and recognized by the Courts there so you can then exercise enforcement activities there as well.

Under the law, the costs that you will incur for enforcing your judgment abroad will be added to the sums that you can claim back from the defaulting parent.

Will It Cost My Anything If Revenu Quebec Initiates Recourse To Collect Child Support From The Other Parent Living Outside Of Quebec?

No, it will not cost you anything and you will not need to take any recourse to collect child support.

In fact, the objective of the Act respecting reciprocal enforcement of maintenance orders is to ensure that someone obligated to pay child support in facts child support with minimal financial consequences on the beneficiary who is generally financially more vulnerable.

Therefore, to prevent a payor in bad faith from moving from one region to another for the purpose of frustrating the beneficiary of child support, the Act has been ratified to mandate Revenu Quebec to work hand-in-hand with the Justice Quebec to work with the governmental bodies of the other Canadian provinces and territories so you can receive your child support without having to take any recourse or spending any additional money.

Does France Collaborate With The Quebec Government To Help Collect Child Support If The Other Parent Moves To France?

Yes, but the collaborate is somewhat limited. Under the Agreement between France and Quebec respecting mutual aid in judicial matters, both governments will help one another by providing each other aid to force the ‘voluntary’ recovery of the child support payments.

In other words, under this mutual aid, the French government will not exercise legal recourse against a person in default of paying child support based on a Quebec law.

In essence, if you obtain a judgment in Quebec awarding you child support and the other parent moves to France, the Quebec Justice Ministry will work with the French Justice Ministry to locate the defaulting parent and to encourage this person to respect the Quebec judgment.

If the payor pays voluntarily, then mission is accomplished.

If the payor continues to default on making child support payments, then you’ll need to consider your options of having your Quebec judgment recognized in France and then legally enforced. 

Similarly, the Quebec Justice Ministry will also work with the French Justice Ministry to locate a defaulting payor obligated to pay child support pursuant to a French judgment and will try to encourage the payor now living in Quebec to voluntarily pay.

When Can I Stop Paying Child Support For My Kids?

You can typically apply to stop your child support obligations when your child or children for which you are paying child support are over the age of 18, have started working full-time and in a more definitive way and are financially self-sufficient.

Some believe that when a child becomes an adult at the age of 18, they could apply to terminate child support.

However, reaching adulthood is only one factor among many that is considered by the Court when ordering child support.

The main consideration is to see if your adult child is now financially self-sufficient or not.

Also, if your child is taking a sabbatical leave from school to work full-time for a short period of time, that does not necessarily mean that child support obligations can be definitively terminated.

The Court will evaluate the circumstances of the adult child to see to assess if child support should be terminated or not thereby transferring the financial obligations from the parents to the adult child.

The Court can consider other factors as well such as your child’s level of maturity, career plan, health and overall future plans, among other things, to decide if the adult child has reached financial independence. 

How do I Ask For The Cancellation Of Child Support?

To ask for the cancellation of child support, you must file an application to the Superior Court of Quebec to that effect. 

If you were divorced or have been legally separated, then you will file a joint application for varying the accessory measures. 

If you were in a common-law relationship and never married, then you will file an application for the cancellation of child support.

Your application can be filed in either before the Courts in the judicial district of where your child lives, in the district of where the original child support judgment was rendered or in the judicial district of either of the parents.