To apply for a support payment, the applicant must
- file an application for a support payment against his or her former spouse either
- as part of an application for separation from bed and board, divorce, dissolution of a civil union or annulment of a marriage or civil union,
- as part of an application for provisional measures (see the definitions);
- complete the form Sworn Statement under Article 827.5 of the Code of Civil Procedure ;
- file a sworn statement concerning the accuracy of the information provided, and sign the form before a commissioner for oaths;
- serve the application on his or her former spouse, if it is made separately;
- file all the relevant documents with the clerk of the Superior Court in the judicial district where the case will be heard.
Two former spouses may also contact a family mediator to negotiate an agreement and present a joint application to the court.
Court fees of $127 are payable for any application concerning support payments. The fee may be paid at the clerk’s office of the Superior Court
- in cash;
- by debit or credit card;
- by postal order or bank order;
- by certified cheque, made out to the Minister of Finance.
The court fees are not charged to people eligible for legal aid, on presentation of their certificate of eligibility.
An application for support must be presented to the court at the start of proceedings for separation from bed and board, dissolution of a civil union or annulment of a marriage or civil union.
The court decision may set a time limit on the payment of support, or state that it will end when a specific event occurs.
