Child and spousal support

Homologation Assistance Service

HAS is for parties who agree to bring changes, whatever the reason, to a court judgment already rendered with respect to child custody, access rights, child support payments or support payments to a spouse or a former spouse.

Parties must select a lawyer (a permanent legal aid network lawyer, or a private practice lawyer) to draft the agreement and the joint application for its homologation. The agreement is then sent by mail to the court registry where it is homologated by a special clerk of the Superior Court, and is from then on executory. A copy of the agreement must be forwarded to both parties by their lawyer, and to Revenu Québec by the court registry, if the judgment provides for child support.

Parties do not have to be financially eligible for legal aid in order to benefit from HAS. The service is offered to the general public for the sum of $633 ($470 in professional fees and $163 in judicial fees). Each party pays half of this amount. The service is available at no cost for people who are financially eligible for legal aid, and those eligible under the contribution scale pay the lesser amount calculated in accordance with the Legal Aid Regulation, or the HAS fee.

Child support

An application for child support may be filed for minor children. At majority, child support may still be granted, if the parent providing in part for the child requests it on his/her behalf, and only if the child does not object to this procedure. In addition, the child must be unable to support him/herself because, for instance, s/he is pursuing full-time studies.

Child support is money paid on a periodic basis according to a judgement usually rendered in Quebec. An application for child support can be made in separation or divorce cases when parents are married or have civil unions, or even in cases of child custody claims combined with a request for child support determination between common-law spouses.

Child support goes towards meeting the basic needs of children or the creditor, particularly for food, lodging, heating, clothes and education. In Quebec, child support is set using support payment tables with clear and objective standards that facilitate the setting of child support payments and standardize the calculating method. This calculation is based on the revenue of both parents, the number of dependent children, custody time as well as some additional expenses required to meet children’s needs.

Child support is automatically indexed on January 1st of each year. Indexation applies to all judgments awarding support, unless the judgment stipulates otherwise.

Child support awarded pursuant to a judgment rendered or a written agreement entered into is tax-neutral. This means that the debtor of support is not required to deduct the support from his or her income, and the creditor of support does not have to add the support amount to his or her income

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