Best Child Support Lawyers in Québec

About Child Support Law in Québec, Canada

Child support in Québec is governed by both provincial and federal laws. It is a legal obligation for parents to provide financial support to their children following a separation or divorce, whether they were married or lived together. The core principle is that children have the right to benefit from the financial resources of both parents, so their living conditions are not unduly affected by the family breakup. Québec has its own child support determination method, which differs from the rest of Canada. This guide explains the essentials you should know if you are dealing with child support matters in Québec.

Why You May Need a Lawyer

Although some child support matters can be handled without legal representation, there are situations where legal advice is extremely valuable. You may want to consult a lawyer if:

• You and the other parent do not agree on the support amount
• Your financial situation or your ex-partner's situation has changed significantly
• You would like to revise or contest an existing child support agreement or order
• There are issues of non-payment or arrears in child support
• One parent lives outside Québec or Canada, raising jurisdictional questions
• Special expenses for the child, such as medical or schooling costs, are involved
• There are concerns about a child’s best interests or well-being affecting support decisions

Legal professionals can help verify calculations, represent you in court, ensure your rights and the child's rights are upheld, and assist in negotiations or conflict resolution.

Local Laws Overview

Québec has specific legislation and regulations regarding child support, mainly set out in the Regulation respecting the determination of child support payments. The laws require both parents to contribute to their children's needs based on their income and custody arrangements. Key aspects include:

• Support Calculation: Québec uses a distinct model based on the combined incomes of both parents and the number of children, with amounts set by a government table.
• Parental Obligations: Both biological and adoptive parents must financially support their minor children, and sometimes adult children if they are unable to support themselves.
• Shared or Split Custody: Adjustments are made when custody is split or shared between the parents.
• Special Expenses: Certain additional costs, like health care, daycare, and education-related expenses, may be split between the parents over and above the base support amount.
• Modification: Either parent can request to review or modify the support agreement if there is a significant change in circumstances, such as job loss or a change in custody.
• Enforcement: The child support enforcement agency, known as Revenu Québec, has the authority to collect and distribute payments as set by court orders or agreements.

Frequently Asked Questions

How is child support calculated in Québec?

Québec uses its own calculation model, which takes into account the income of both parents, the number of children, and custody arrangements. The amount is determined based on a government-issued table, and online calculators are available for estimates.

Who is entitled to receive child support?

The parent who has the child living with them most of the time is usually the one to receive child support. In shared or split custody cases, both parents may pay varying amounts depending on income and time spent with the child.

How long does child support last?

Child support generally continues until the child turns 18. Support can extend beyond 18 if the child is still in school or unable to support themselves because of illness or disability.

What if one parent cannot pay the amount set by the court?

It is important to request a modification from the court if there is a genuine inability to pay, such as job loss or significant financial hardship. Stopping payments without legal approval can result in arrears and legal action.

Can child support be changed if circumstances change?

Yes. If there is a significant change, such as an increase or decrease in income, changes in custody, or the child’s needs, either parent can apply to have the support amount reviewed and modified.

What happens if the paying parent lives outside Québec?

Québec can enforce child support orders across provincial borders and in many foreign countries that have agreements with Canada. Revenu Québec or federal services can assist in these cases.

Do both parents have to declare all sources of income?

Yes. Both parents must provide accurate and complete financial information, including salaries, self-employment income, benefits, and other types of earnings, to calculate the correct support amount.

What are special expenses and how are they handled?

Special expenses, sometimes known as "extraordinary" expenses, include things like daycare, medical costs, and tuition. These are considered in addition to the base support amount, and parents usually share these costs in proportion to their incomes.

What if my ex-partner refuses to pay child support?

Revenu Québec is responsible for collecting and transferring child support payments. If payments are missed, the agency has authority to take enforcement measures, such as wage garnishment, intercepting tax refunds, or revoking certain licenses.

Can child support agreements be made outside of court?

Parents can make their own agreements, but these should be formalized and filed with the court to ensure they are enforceable. Legal advice can ensure the agreement respects Québec’s legal requirements and protects everyone’s rights.

Additional Resources

• Revenu Québec: The government agency responsible for administering and enforcing child support payments in Québec.
• Ministère de la Justice du Québec: Provides information on family law, including child support calculation tools and guidance on the legal process.
• Legal Aid Québec (Commission des services juridiques): Offers free or low-cost legal services for eligible individuals, including in family law matters.
• Éducaloi: A non-profit providing plain-language legal information for the general public in Québec.
• Courts of Québec: For filing, modifying, or contesting child support orders.

Next Steps

If you need legal advice or help with a child support matter in Québec, consider these steps:

• Gather all relevant information, including income statements, custody arrangements, and details about the child’s needs.
• Use Québec’s online calculation tools for an initial estimate of support amounts.
• Contact a lawyer specializing in family law if you have disagreements or complex issues.
• If you cannot afford a lawyer, check your eligibility for legal aid services in Québec.
• Reach out to Revenu Québec for guidance on enforcement or collection matters.
• If negotiations are possible, consider mediation services that can help parents reach agreements outside of court.
• For formal changes or enforcement, file the appropriate documents with the courts or administrative bodies.

Remember, child support matters can have a significant impact on your child's well-being. Seeking timely legal advice helps protect both your interests and those of your child.