Gouvernement du Québec - Justice

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

Explanatory Notes

These explanatory notes refer to the proceedings models numbered 1 to 4 designed to assist individuals in preparing and filing a joint application for exemption under section 3 of the Act to facilitate the payment of support on their own and to the form Sworn Statement under Article 827.5 of the Code of Civil Procedure (SJ-766A). The note numbers appearing in the models indicate that additional information is available in the note to which a number refers.

1

All proceedings must be drawn up on one side of a white letter sized sheet (8 1/2" x 11").

2

All proceedings must be legibly written; they are usually typewritten.

3 You must follow the proposed layout (for example, the indications on the left must remain on the left).

4 The names of the judicial districts are provided as examples only; you must indicate the name of the judicial district where you file your application.

5 The affidavit is a declaration under oath by which you swear to the truth of the facts that are mentioned in the affidavit and in your application and that you sign before a person authorized to administer oaths. You must be sworn at the time you sign the application and the affidavit, before going to the office of the Superior Court at the courthouse. Each party must produce an affidavit. Notaries, attorneys, court clerks, some directors of financial institutions (caisses populaires, banks) and other persons in authority are commissioners for oaths.

6 The proposed content is given as a guideline only. Because individual situations differ, you must adapt the content to suit your own specific circumstances.

7 When an application concerning child custody or support is filed by means of a joint application, the special clerk can homologate any agreement made between the parties concerning the complete settlement of these issues. The application is filed at the office of the Superior Court and does not usually require a hearing. Therefore, you will not have to appear before the court. However, if the special clerk finds that the interests of the children are not sufficiently protected or that the consent of the parties does not appear to be voluntary, the case may be referred to a judge, or the parties summoned for a hearing along with their attorney, if applicable. In this case, you will have to appear in court for a hearing.

8 You must prepare a separate backing sheet for each document or evidence accompanying a proceeding and attach it to the back of your proceeding. The backing sheet is attached, with the writing facing outward, to the document it pertains to and becomes the last page of the document. As you can see on the model, when folded, it will allow the proceeding to be identified.

9 In cases of separation from bed and board, annulment or dissolution of a civil union and joint applications by de facto spouses, the word "Divorce" must not appear in the heading of the proceeding on Models 1 and 3.

10 You must complete the form Sworn Statement under Article 827.5 of the Code of Civil Procedure (SJ-766A) and include it with your application. The form must be signed and sworn before a commissioner for oaths, or before a person authorized to administer oaths by virtue or his or her function: a clerk or deputy clerk of a court of justice, an advocate, a notary, the mayor, clerk or secretary-treasurer of a municipality, or a justice of the peace.

Related document
Models of the forms of proceedings
Application for exemption under section 3 of the Act to facilitate the payment of support


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 Clicking on this icon will take you to another website. (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.

Top




Latest update: May 20, 2011



General informationPolicies, Studies and ReportsAdministrative documents
Publications for saleAccess to informationPolicy on privacyAccessibility