Separation and divorce
Your options to enforce compliance with a judgment
If your ex isn’t complying with the judgment rendered by the judge, there are recourses available to enforce compliance. In some cases, this is called the “forced execution” of the judgment. Read on for an explanation.
Enforcement deadlines may apply
It’s quite likely that the statute or judgment sets out a specific timeline for the enforcement of the judge’s decisions. Before the deadline expires, a recourse to enforce compliance can’t be used. Read your judgment to find the information and ask a lawyer or a notary for advice if it’s not clear.
My ex isn’t paying support or is paying only part of it
If you’re supposed to receive support from your ex but he or she isn’t making the payments or is paying only part of what is owing, you don’t have to do anything if Revenu Québec is responsible for collection. If the payments aren’t being made, Revenu Québec will see it and do what’s necessary to recover the amounts owing.
If you think that Revenu Québec isn’t acting quickly enough, you can use another recourse such as seizure by bailiff. If you plan to do this, speak with a lawyer or a notary.
If you chose not to participate in Revenu Québec’s support-payment collection program, you can ask to end the exemption. Revenu Québec will take care of recovering the amounts owing.
Finally, if your ex is manoeuvring to avoid having to comply with the judgment, he or she risks being convicted of contempt of court, which is an exceptional measure that punishes dishonest conduct relating to the enforcement of a judgment.
My ex isn’t complying with the child custody judgment
If your ex isn’t complying with the custody judgment – for example, by refusing to allow you to see the child when the judgment says you can – you can compel your ex to comply by going to court and using “contempt of court” proceedings, which aim to deter and punish a person if they fail to comply with a judgment, or “habeas corpus” proceedings, which are quite rare but can still apply if a child is being illegally detained by one of the parents.
These proceedings should be used cautiously and only as a last resort, because they rarely improve the relationship between the separated parents.
Before starting proceedings, it might be a good idea to speak with your ex (with a lawyer’s help, if necessary) to try to understand the source of the problem and, if possible, to find sustainable solutions in the child’s best interests.
Speak with a lawyer or a notary to learn more.
My ex isn’t paying me the money he or she owes me for the division of property
If your ex isn’t paying you the money he or she owes you for the division of your property, the most common solution is seizure by bailiff. Your ex’s income can be seized directly from his or her employer, money can be seized from his or her bank accounts, or his or her property (such as a vehicle) can be seized.
Other recourses might be available, depending on your situation. To learn more, speak with a lawyer or a notary.
Finally, if your ex is manoeuvring to avoid having to comply with the judgment, he or she risks being convicted of contempt of court, which is an exceptional measure that punishes dishonest conduct relating to the enforcement of a judgment.
My ex is stopping me from recovering my personal effects
If a judgment says that your ex has to allow you to recover your personal effects, but he or she isn’t allowing you to do so, you can ask for a seizure by bailiff.
Other recourses might be available, depending on your situation. To find out, speak with a lawyer or a notary.
If your ex is manoeuvring to avoid having to comply with a judgment, he or she risks being convicted of contempt of court, which is an exceptional measure that punishes dishonest conduct relating to the enforcement of a judgment.
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.