Gouvernement du Québec - Justice

Application for exemption under section 3 of the Act to facilitate the payment of support

Application for exemption under section 3 of the Act to facilitate the payment of supportThis document is intended for spouses or ex-spouses who agree to request that support be paid directly to the creditor of support. If this is your case and your agreement complies with the Act, you may ask the special clerk of the Superior Court to homologate your agreement without having to appear in court. To do so, you must submit a joint application for exemption under section 3 of the Act to facilitate the payment of support Clicking on this icon will take you to another website. by following the instructions contained in this document.

Definitions
Introduction
Excerpts from the Act to facilitate the payment of support
The payment of support to Revenu Québec
Filing of the application at the office of the Superior Court
Judgment
Model of a joint motion for exemption
Explanatory notes
For more information


Definitions

Homologation
Approval, official confirmation of an agreement with a view to having it recognized as a legal document equivalent to a judgment.

Security
A guarantee provided by a person to ensure compliance with an obligation, such as a contract of suretyship, deposit certificate, bond certificate or promissory note.

Introduction

Since the coming into force of the Act to facilitate the payment of support, the spouse who must pay support (debtor of support) must make the payment to Revenu Québec for the benefit of the spouse entitled to receive it (creditor of support). The Act may exempt a debtor from the obligation, on certain conditions, and allow the support to be paid directly to the creditor of support.

Excerpts from the Act to facilitate the payment of support

2. The debtor of support shall make his support payments, including arrears, if any, to the Minister of Revenue for the benefit of the creditor of support.

3. The court may exempt a debtor of support from the obligation under section 2, in the following cases:

1° where the debtor of support establishes a trust guaranteeing the payment of the support;

2° where the parties make a joint application therefor, the court is satisfied that the parties have given free and enlightened consent and the debtor furnishes sufficient security to guarantee support payments for one month.

To satisfy itself that the parties have given free and enlightened consent, the court may summon and hear the parties, even separately, in the presence of their attorneys, where applicable.

5. The exemption granted by the court ceases to have effect for the duration of the obligation of support:

1° where it is ascertained by the Minister that the debtor of support has failed to establish the trust or furnish and maintain the security;

2° where it is ascertained by the Minister, on application by the creditor of support, that the debtor of support has failed to make a support payment when due;

3° where the parties make a joint application therefor.

The applications shall be transmitted to the Minister by registered or certified mail, accompanied with the information and documents prescribed by regulation.

This document is not a complete guide providing all the answers, but rather a simple tool designed to help you and your spouse or ex-spouse file a joint application for exemption under section 3 of the Act to facilitate the payment of support. It contains information and an example of proceedings.

The proceeding may appear simple, however, each spouse must be capable of carefully analyzing all the consequences, personal and financial, involved in the signing of the agreement. If you are unfamiliar with the nature of your rights and obligations, you should seek legal counsel. If you have any questions concerning this document, you should consult a legal adviser, since the courthouse staff cannot give you any further information.

The payment of support to Revenu Québec

Under the Act, the debtor of support may pay support directly to the creditor of support rather than to Revenu Québec in two cases:

  • if the debtor establishes a trust to guarantee the payment of support and sends a copy of the trust deed to Revenu Québec within thirty days of the judgment;

  • if the parties file a joint application for exemption under section 3 of the Act to facilitate the payment of support. They must convince the court that they have given free and enlightened consent and may be summoned to a court hearing, together or separately, to ensure that the consent is free and enlightened. The debtor must provide Revenu Québec with sufficient security to guarantee support payments for one month within thirty days of the judgment.

You may file a joint application for exemption during the proceedings or after the amount of the support payments has been established by a court decision. In the latter case, you must prepare an application and an agreement according to the models provided in the following text. It is recommended that you inform Revenu Québec of your intent, so that your file is kept up to date.

For general enquiries concerning the security or the Act to facilitate the payment of support, you may contact Revenu Québec Clicking on this icon will take you to another website. at (418) 652-4413 or 1 800 488-2323.

Filing of the application at the office of the Superior Court

Once you have drawn up the documents required in order to file your application, you must go to the office of the Superior Court at the courthouse of the judicial district where your support judgment was rendered. You will have to pay the fees exigible either in cash or with a bank debit card or credit card or by certified cheque, postal money order or bank order payable to the Minister of Finance. The payment of this fee will be confirmed by the clerk on your application. If you are eligible for legal aid, you will be exempted from paying these costs upon presentation of your certificate of eligibility.

NOTICE : You must write the file number on your proceedings before going to the office of the Superior Court.

  • If your application is filed in the same district where the support judgment was rendered, the file number will be the one appearing on the judgment.

  • If the parties no longer reside in the district where the judgment was rendered, they may file their application before the court of the district where either one resides. In this case, the court clerk will assign a file number at the time the application is filed. Copies of prior judgments and proceedings relating to previous applications must accompany the application.


Judgment

If your file is complete, your agreement can be homologated by the special clerk upon examination of the file. Each party will be sent a copy of the judgment by mail as soon as it is rendered.

Related document
Models of the forms of proceedings
Explicatives notes

For more information

The calculation of child support:
     • The Québec Model for the Determination of Child Support Payments
     • Table to Determine the Basic Parental Contribution
     • Child Support Determination Form
Various information documents on Revenu Québec's support payment collection program:
     • Revenu Québec Clicking on this icon will take you to another website.
The addresses and telephone numbers of Québec courthouses:
     • Courthouses
Which judicial district a municipality is located in:
     • Search for a judicial district
An Act to facilitate the payment of support
     • Publications du Québec Clicking on this icon will take you to another website.
Regulation respecting the determination of child support payments:
     • Code of Civil Procedure (chapter C-25, art. 825.8; 1996, c. 68, s. 2)
Excerpts from the Civil Code of Québec and the Code of Civil Procedure of Québec:
     • Excerpts
Federal Child Support Guidelines:
     • Department of Justice of Canada Clicking on this icon will take you to another website.
Comité de suivi du modèle québécois de fixation des pensions alimentaires pour enfants (the monitoring committee for the Québec model for the determination of child support):
     • Report of the monitoring committee (in French)
     • Complementary report of the monitoring committee (in French)
The document When a Couple Separates (Services Québec) includes general information on the various aspects of separation and divorce for married couples and couples in a civil union and for de facto spouses:
     • When a Couple Separates Clicking on this icon will take you to another website.
Divorce Act:
     • Department of Justice Canada Clicking on this icon will take you to another website.
The child assistance measure forming part of Québec's family policy:
     • Régie des rentes du Québec Clicking on this icon will take you to another website.

When reading this brochure, you should bear in mind that the information given is general in nature. You may not find exactly what you are looking for concerning your own situation. Given the importance of the choices to be made, you should consider obtaining professional advice before making a decision. The section entitled The Form, line by line will help you complete the Form on the basis of your own situation.

If you find some of the information difficult to understand, do not hesitate to contact us. Please note, however, that we cannot interpret the information to apply it to a specific situation.

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Latest update: November 16, 2009



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