Family Law – Child Support

Yes, in the event of a significant change in circumstances (income, employment, custody, needs). For children: use the Administrative Service for the Adjustment of Support Payments (SARPA), if you are eligible, for a review or to file an application with the court. For ex-spouses: a motion before the court with proof of the change. Legal representation by a lawyer is recommended to optimize the process, especially if you are not eligible for SARPA.

Child support is intended to ensure that children maintain a standard of living similar to what they had before their parents’ separation.

Our services cover:

• Initial calculation of child support according to the Regulation respecting the determination of child support payments;

• Accurate assessment of both parents’ income (salaries, business income, other sources);

• Determination of the base amount according to the number of dependent children;

• Calculation of special expenses (childcare, extracurricular activities, uncovered medical care, tuition fees);

• Retroactive adjustment according to the type of custody (sole custody, shared custody, parenting time);

• Recalculation of support in the event of a change in financial situation or custody;

• Contesting amounts determined if they are unfair or miscalculated;

• Assistance with court approval of support agreements;

• Advice on termination of support (child reaching majority, completion of studies, financial independence).

Government programs and services:

• SARPA (Administrative Service for Adjustment of Child Support Payments): Allows administrative reviews of child support in the event of income changes. Our lawyers assist you in using this program to optimize your procedures and maximize your rights.

• Collection Program (Revenu Québec): Automatically applies to child support cases. Ensures regular payment and recovery in case of non-payment. We guide you in the effective use of this program.

Child support is generally paid until the child is no longer considered dependent, so it may be extended beyond the age of majority, for example, if the child is pursuing full-time studies or is unable to provide for their own needs due to illness or disability.

The calculation of child support depends on a scale based on the parents’ income, the number of children, and the type of custody. In Quebec, the child support determination form and the Regulation respecting the determination of child support payments are used.

Life circumstances evolve, and child or spousal support must adapt. The enforcement of obligations and the revision of amounts are essential aspects.

Our legal services include:

• Recourse in the event of non-payment of support (formal notice, enforcement measures);

• Application for modification of support before the courts following a significant change in circumstances;

• Assistance in using the SARPA (Administrative Support Variation Service) for efficient revisions;

• Negotiation of amicable modifications between parties to avoid costly proceedings;

• Contesting erroneous calculations or unfair amounts;

• Defense of your interests against abusive revision requests;

• Forced execution of support judgments (seizure of income, bank garnishment);

• Representation before the Superior Court and the Court of Appeal of Quebec;

• Rigorous documentation of income, expenses, and needs for a solid case;

• Homologation of support agreements to give them legal force.

Changes justifying a revision: Loss of employment or significant increase in income, change in child custody, modification of the child’s needs (medical expenses, education), new family situation (remarriage, new partner).

Enforcement in case of non-payment: Seizure of income, garnishment of bank accounts, intervention by the Revenu Québec Support Payment Collection Program, possible sanctions. Our rapid intervention protects your rights and ensures the payment of amounts due.

Spousal support is intended to enable the spouse in need to meet their needs and maintain a standard of living comparable to that enjoyed during the marriage.

Our expertise includes:

• Assessment of entitlement to spousal support based on the criteria set out in the Divorce Act;

• Calculation based on the recipient’s financial needs and the payor’s ability to pay;

• Analysis of the economic impact of the divorce on each party;

• Consideration of the length of the marriage or civil union;

• Assessment of the role played by each spouse during the marriage (career sacrifices, childcare);

• Negotiation of fair spousal support agreements between former spouses;

• Determination of the duration of payments in light of the objective of economic independence;

• Review and adjustment of spousal support in the event of a significant change in circumstances;

• Mediation to resolve spousal support disputes.

Establishment criteria: Recipient’s financial needs, payor’s ability to pay, economic impact of the divorce, length of cohabitation, roles performed during the marriage, and the parties’ age and health.

Reasons for termination or modification of spousal support: Recipient’s remarriage, cohabitation with a new partner in a stable relationship, significant change in financial resources (improvement or deterioration), recipient’s financial self-sufficiency, court decision following a change in circumstances, death of one of the former spouses.

The duration varies depending on the length of the marriage, the parties’ age, and their ability to achieve financial independence.

Generally until the child reaches majority, i.e., 18 years of age, unless the child continues their studies and is still considered dependent. A continuation of support payments is possible if the child pursues full-time studies (CEGEP, university) or is unable to provide for their own needs due to illness or disability. Each situation is evaluated according to specific circumstances.

The criteria established under the Divorce Act are the following: financial needs of the recipient, ability of the payor to pay, economic repercussions of the divorce, duration of the marriage, role during the marriage, age and health of the parties. The objective is to enable the progressive financial self-sufficiency of the recipient.

When a parent fails to pay child support, swift action is essential to protect your rights. The Revenue Department’s Collection Program intervenes automatically and several legal remedies are available: formal notice, income seizure through Revenu Québec, bank account garnishment, legal hypothec resulting from a judgment, possible penal sanctions.