Goldwater Dubé: Your Child Support Lawyer in Montreal

Do you need a child support lawyer in Montreal? Get in touch with Goldwater, Dubé today. We can offer you the representation you need.

Experienced Child Support Attorneys

After a marriage breakdown or legal separation, you may wonder about the welfare of your children. Under the Civil Code of Quebec, parents are required to keep providing for their children’s needs, regardless of their child custody arrangement. Child support is the amount one parent owes to another after a separation or divorce. It is usually paid by the non-custodial parent to support the child’s daily needs, such as food and housing.

If you are currently going through divorce proceedings and are worried about child support, it is important to speak to a child support lawyer. Family law attorneys at Goldwater Dubé can explain the child support process and advise you on how best to proceed. Negotiating child support can be difficult, and we can help you obtain the most favourable outcome for your child.

How Are Child Support Payments Determined?

Child support payments are determined at an amount that can maintain the same quality of life for the child as before the divorce or legal separation. If both parents live in Quebec, child support will be determined following the Quebec child support payment regulations. But, if one parent lives outside Quebec, the federal child support guidelines will apply.

In determining child support, the following factors are taken into consideration:

  1. The income of each parent
  2. The number of children involved
  3. The custody arrangement
  4. Other welfare expenses for the child

Under Quebec law, parents must complete the child support determination form to file for child support with the court. You can use the Child Support Payments Calculation tool to get an estimate.

Can You Amend Child Support Payments?

Section 17 of the Divorce Act allows parties to modify or cancel child support in certain circumstances. For example, you may request a modification if you lose your job or develop a disability.

You can amend your child support through the following ways:

  1. The Child Support Readjustment Administrative Service (SARPA)
  2. Homologation Assistance Service (HAS)
  3. Making a request at the Superior Court of Quebec

Child Support Readjustment Administrative Service

In Quebec, you can adjust the number of support payments for minors using the child support adjustment service (SARPA) without resorting to litigation.

To use the child support readjustment service, you must meet certain requirements, including:

  • The child is a minor (under eighteen)
  • Both parents generally reside in Quebec
  • A judge or special court clerk approved the child support
  • There is a change in the parent’s or child’s situation
  • Both parents meet other requirements concerning their particular situation

If you are requesting the change alone, you must pay the SARPA fee in a single payment. But, if you are applying with your ex-partner, the fee will be divided jointly.

Homologation Assistance Service (HAS)

If you reside in Quebec, you may also use HAS to amend your child support payments. However, you must meet certain criteria, including:

  • Being a party to a fixed judgment on the child support matter
  • Both parties must agree to modify the child support.
  • Both parties must live in Quebec.
  • The agreement must be in the parties and the child’s interests.
  • The amount of support payable must be calculated in accordance with the rules set out in the Child Support Determination Form.

If the amount of support agreed upon differs from the amount on the form, parties must give serious reasons justifying the difference. HAS can also be used by De Facto couples, otherwise known as common-law spouses.

A skilled lawyer from Goldwater Dubé can prepare the required documents and forward them to the special court clerk for approval. This process is known as homologation.

Requesting for a Change Through the Court

If you or your ex-spouse don’t meet the criteria for SARPA or HAS, you can ask the court to make the modifications jointly. If you can’t reach an agreement, you can file separately with the court.

The process of changing child support payments in court may be complicated. The drafting of court documents may also be time-consuming. If you decide to go through court, it is advisable to engage the legal services of a child support lawyer.

    Can You Cancel Child Support Payments?

    Child support payments do not end automatically when your child turns eighteen. Since the payments are court-ordered, they can only end with a court judgment.

    You may request the court to cancel your support payments. But, your child must be financially independent and over eighteen. In some cases, the court may cancel the support even if your child is not financially independent.

    You should discuss your plan with your child before applying for cancellation, as they will be given a chance to argue against the new arrangement. If both parents agree to end child support, they may make an agreement between themselves. Our attorneys can help file a well-drafted agreement to present to the court.

    If you stop the payment of child support without getting a court judgment, you may face penalties. Your property may be seized and sold by Revenu Québec or by the custodial parent. The other party may also bring a lawsuit against you for failing to respect the court order.

    What Are the Benefits of Having a Goldwater Dubé Child Support Lawyer?

    With child support cases, it is advisable to have an experienced child support lawyer. Even if you do not need one for your initial hearing, certain issues may arise during the court process.

    Regardless of the type of relationship you have with your ex-partner, situations can change. In such case, you may need to modify your payment plan or child support details.

    Negotiating the child support terms may be difficult when you do not get along with your ex-partner. We can help you resolve any conflict around this issue through mediation and avoid going to court.

    Our child support lawyers can:

    • Negotiate with your ex-spouse

    • Advise you on child support laws and your rights

    • Prepare all the necessary forms and documentation

    • Accurately calculate and modify child support payments

    • Represent you in court

    Speak to an Experienced Child Support Lawyer

    Goldwater Dubé is a family law firm that has been handling family disputes for more than three decades. We have resolved several child and spousal support cases regardless of their complexity.

    If you are facing issues concerning child support, contact our law firm today for passionate legal counsel.

    DO YOU NEED A LAWYER?

    Make an appointment with a member of our team today.