In Quebec, child support is essential financial assistance intended to meet children’s needs after a separation or divorce. Whether it involves determining the amount, understanding your legal obligations, or knowing how to have it recalculated, it is important to fully understand the nuances.
Applying for child support
When two people have children together and decide to end their relationship, it is important to know that the end of that relationship will have legal consequences. One of these consequences is child support. Child support is defined as: “An amount of money paid by one parent to meet their children’s needs following their separation” (Éducaloi).
Child support arrangements
Accordingly, in the event of a divorce or separation, it will first be necessary to determine the arrangements relating to the children’s parenting time. Parenting time has a significant impact on the amount of child support and on which person will be required to pay it. For example, if one parent has sole custody of the children, the non-custodial parent will be required to pay child support.
This rule applies even if the parent without custody has a lower income than the custodial parent. Child support may also be required when custody is shared. In that case, the parent with the higher income must generally pay support to the parent with the lower income to ensure that the children’s needs are met equally in both households. As such, the law requires parents to contribute to their children’s needs actively and fairly.
Steps to obtain or modify support
With respect to ending child support payments, certain criteria must be met. Most decisions are made on a case-by-case basis. First, to end child support, your child must be of legal age and financially independent so that they are no longer considered a dependant.
In addition, the child’s education and health status sometimes affect the grounds for cancellation. Some may believe that child support ends as soon as the child reaches the age of majority. However, this is unfortunately not the case. A new judgment will be required if you wish to cancel support. It is also always possible to reach an amicable agreement if the other parent agrees and the adult child also agrees. Please note that, in some cases, child support payments may be retroactive.
Applying for child support
In Quebec and Canada, the law sets out rules for calculating child support. There are therefore two distinct calculation regimes: provincial tables and federal tables.
Accordingly, there are “guidelines” established by the government and defined for each province. While this text focuses on the Quebec model, it remains important to know that the rules may change if one or both parents are not residents of Quebec.
As such, “the Quebec model is based on both parents’ incomes and then establishes a basic parental contribution in proportion to their incomes and according to the type of custody to which the children will be subject.”
Tip: To calculate your child support effectively, it is best to consult a lawyer who specializes in child support, who will be able to guide you in the most appropriate manner.
How is child support calculated?
To perform the calculation, you must first determine each parent’s gross annual income and apply certain deductions.
Once each parent’s available income has been established, you can rely on the guidelines and tables provided by the government. You must also determine the number of dependant children, as this affects the amount of child support.
Once this calculation has been completed, specific expenses may be added to the basic parental contribution that the parents must share. For example, post-secondary education expenses, childcare costs, etc. In addition, the Civil Code of Québec provides that parents are required to exchange financial information about their income with each other every year.
Finally, it must always be taken into account that the Court has discretion in setting child support. However, there is a basic premise that states that, in theory, the child support paid by one parent should not exceed half of their available income.
Child support for an adult child
Child support payments do not necessarily end when a child reaches the age of majority. It may be required that one parent continue to pay support when the adult child is not financially independent and is not able to fully provide for their own needs.
Since the right to child support is a right recognized by Quebec’s legislature, it may even be possible for your adult child to claim payment of child support if they have reasonable grounds to require it.
Accordingly, an adult child pursuing full-time studies, for example, would still be considered a dependant, so that child support would still be payable even after the child reaches the age of majority. For example, if the child holds a full-time job, it is possible that they will no longer be considered a dependant or that their income will be taken into account in the calculation of child support.
How can child support for an adult child be cancelled?
To cancel child support for an adult child provided for in a judgment, the paying parent must normally bring a court application. However, if the other parent agrees to end or reduce child support payments, it is possible to reach an amicable agreement to simplify the process. It is crucial that this agreement then be approved by the court. It is important to emphasize that, regardless of the agreement reached between the parents, the adult child must have the opportunity to state their position regarding the termination or reduction of support. Their active participation in the steps and their consent are required before initiating any out-of-court process in this matter.
Since January 2016, the Code of Civil Procedure has required that parties consider alternative dispute prevention and resolution methods before resorting to the judicial process. In a family context, mediation is an effective solution to help parents reach an agreement to modify or cancel child support. However, if mediation is unsuccessful, it will be possible to apply to the courts.
Is child support taxable or tax-deductible?
Many people often wonder whether the amount paid as child support is taxable. Under the former regime, it is true that the parent receiving child support had to add that amount to their total annual income. As a result, the amount was taxable.
However, since May 1, 1997, the new regime abolished this rule and child support is no longer taxable. This applies both to the parent who must pay support and to the parent who receives it.
It is always helpful to consult a legal professional to answer your questions about child support, as calculating child support remains complex and may vary from one situation to another.
IN SUMMARY
- Up to what age must child support be paid in Quebec?
Child support payments do not necessarily end when a child reaches the age of majority. It may be required that one parent continue to pay support when the adult child is not financially independent and is not able to fully provide for their own needs.
- Is child support taxable or tax-deductible?
The amount paid as child support is not taxable. This applies both to the parent who must pay support and to the parent who receives it.
- What should I do if my ex-spouse refuses to pay child support?
In a complex family context, mediation is an effective solution to help parents reach an agreement. However, if mediation is unsuccessful, it will be possible to apply to the courts.
- Can the amount of support be changed if my income decreases?
Yes, it is possible to change the amount of support based on the new income. If the other parent agrees to recalculate child support payments, it is possible to reach an amicable agreement to simplify the process. If they do not agree, you must apply to the courts. In both cases, it is crucial that the agreement be approved by a court.
- How does Revenu Québec’s support collection service work?
To fully understand Revenu Québec’s support collection service, visit their website:
- Does 50/50 shared custody eliminate child support?
Child support may be required when custody is shared. In that case, the parent with the higher income must generally pay support to the parent with the lower income to ensure that the children’s needs are met equally in both households. As such, the law requires parents to contribute to their children’s needs actively and fairly.
