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Child and Spousal
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A separation often raises many questions about financial obligations toward children or a former spouse, two obligations that often go hand in hand.
Child support
In Quebec, every parent has an obligation to contribute to their children’s needs, regardless of whether they were married, in a civil union, or a common-law partner.
Child support is intended to cover, among other things:
- food;
- housing;
- clothing;
- health care;
- school expenses;
- extracurricular activities;
- other expenses related to the child's development.
- the income of both parents;
- the type of custody (sole, shared, or extended);
- the number of children;
- certain special or extraordinary expenses.
Once established, can support payments be modified?
Yes. Support payments can be revised when a significant change occurs, for example:
- job loss;
- a significant increase or decrease in income;
- a change in parenting time;
- significant new expenses for the child;
- the birth of another child;
- a change in the child's needs.
A simple verbal agreement between the parents is generally not sufficient. In many situations, it is preferable to have a new agreement homologated or to file an application with the court.
There is also SARPA (Service administratif de rajustement des pensions alimentaires pour enfants). SARPA is a service offered in Quebec that allows, in certain situations, the amount of child support to be modified without having to go to court. Visit the official SARPA website for more information.
Support for an adult child
Contrary to popular belief, support payments do not automatically end when the child turns 18, and an application must therefore be made to the Court to have them stopped.
An adult child may continue to be entitled to support when they are not yet financially independent, particularly if they:
- are pursuing full-time studies;
- suffer from a physical or psychological disability;
- remain unable to support themselves for a serious reason.
- the child's actual needs;
- their income and resources;
- their ability to contribute to their own expenses;
- the parents' financial situation;
- whether continuing their studies is reasonable.
Conversely, a parent may also request that support payments end once the child has become financially independent or circumstances have changed.
Each case is assessed based on its own particular facts.
Support between former spouses
Support between former spouses is different from that paid for children.
It mainly concerns people who were married or in a civil union and aims to limit the economic consequences of separation when one spouse ends up in a financially disadvantaged situation.
The court will consider, among other things:
- the length of the marriage;
- the role played by each spouse during the time living together;
- the income and needs of both former spouses;
- their future ability to become financially independent.
First Consultation
Unsure about the amount or has your situation changed? Have your support payments reviewed by a lawyer.
Support Arrears
Support payments mean payments must be made. When support is not paid in accordance with a judgment, the unpaid amounts become arrears. In Quebec, support payments are generally collected by Revenu Québec, which has various means available to recover amounts owed from the debtor.
Arrears continue to accumulate as long as the support order is not modified or a court does not put an end to it. So, even if your financial situation changes, it is important to promptly request a review of the support payments rather than simply stopping payment.
Whether you wish to claim arrears or are facing a claim, a lawyer can advise you on the remedies available and the steps to take.
Why consult a Lawyer?
- What amount is actually payable?
- Is it possible to request a review?
- What income must be declared?
- Should bonuses or business income be included?
- Should special expenses be shared?
- When does support end?
- I'm not receiving the support payments set out in the judgment?
Frequently asked questions about Child Support
1. How is child support calculated?
2. We agreed on shared custody: does that automatically mean no support is payable?
3. What can I do if the other parent doesn't pay support?
4. Until what age must a parent pay child support?
5. Is it possible to modify support, even several years after the judgment?
6. My ex-spouse is hiding part of their income. What can I do?
7. My ex-spouse hasn't paid support for several months. Can I claim the unpaid amounts?
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