Separation and divorce
Changing child support payments
When can you ask for a change in child support payments? How do you go about it? Here’s what you need to know about changing child support payments, and the resources that are available to help you avoid going to court.
When can child support payments be modified?
To modify child support payments, a significant change must have occurred in your child’s life, your life or your ex-partner’s life.
These are some examples of significant changes:
- You or your ex-partner lost your job.
- Your income or your ex-partner’s income has increased or decreased.
- There has been a change in parenting time.
- Your child has started attending CEGEP or university.
Procedure for modifying child support payments if you and your ex-partner agree to the changes
If you and your ex-partner agree to the changes, you still have to “homologate” your agreement. This means that you have to get it approved by the court through a judgment.
For example, Revenu Québec requires a judgment to change child support payments. If Revenu Québec collects your child support payments, you will need to obtain a judgment homologating your agreement.
Important
You still have to follow the calculation method provided in the law to determine how much child support you and your ex must pay.
A judge may find that the amount of child support you agreed to won’t cover your child’s needs. If that’s the case, the judge might not approve your agreement.
You have three options to obtain a judgment homologating your agreement:
The SARPA is an administrative service allowing you to change the amount of child support payments at a low cost.
To submit your application, you must simply complete an online questionnaire, provide the documents requested and pay the $54 fee. The service is free if you qualify for legal aid. You and your ex-partner can file the application together, or one of you can do it alone.
To use the SARPA, you must meet certain eligibility conditions. For example:
- Your child must be under the age of 18.
- You and your ex-partner must live in Quebec.
- The current child support amounts must have been determined in a judgment.
The HAS is a low-cost service where a lawyer draws up your agreement and asks the court to homologate it. The regular fee for the service is $643, but you might pay less or receive the service for free depending on your financial situation.
To use the HAS, you and your ex-partner must both submit an application to the Commission des services juridiques (legal aid).
You must also meet certain eligibility conditions, for example, your current child support amounts must have been determined in a judgment.
If you don’t want to use the SARPA or the HAS, or if you don’t qualify for either service, you can ask for a homologation by submitting a request to the court yourself. A lawyer or notary can help you with this process.
To learn more about how to file a request:
- De facto spouses: Demande conjointe en modification de la garde, des droits d'accès et de la pension alimentaire pour enfants à l'intention des conjoints de fait séparés - French only (Justice Québec)
- Married spouses: Demande conjointe de révision de mesures accessoires après un divorce, une séparation de corps ou la dissolution d'une union civile - French only (Justice Québec)
Procedure for changing child support payments if you and your ex-partner don’t agree to the changes
If you and your ex-partner don’t agree to the changes, you can ask a mediator for assistance. The mediator will guide the discussions and try to help you reach an agreement. The government’s family mediation program offers a certain number of free family mediation hours.
If you and your ex-partner reach an agreement, it must usually be “homologated,” which means that a court must approve it. (To learn about the steps to follow, please refer to the previous section: “Procedure for modifying child support payments if you and your ex-partner agree to the changes.”)
In the event you can’t reach an agreement, you can ask a judge of the Superior Court of Quebec to decide. The judge will consider your situation as well as those of your ex-partner and your child when deciding whether a significant change has occurred that justifies modifying the child support payments.
To learn more about how to file a request:
-
De facto spouses: Changing a Judgment (Éducaloi)
-
Married spouses: Changing a Divorce Judgment (Éducaloi)
An error has occured. Please try again later.
Was the content helpful?
WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.
New on JuridiQC!
Joint Divorce Help Tool
Free and easy to use, JuridiQC’s help tool assists married couples who don’t have children together as they prepare their joint divorce application. From filling out documents to filing them at the courthouse, we provide step-by-step guidance.