When a Couple Separates

Support-payment collection program

Applying to Be Exempted from the Support-Payment Collection Program

Clientele
Former spouses who are in one of the following situations:
  • They are initiating divorce, separation or support proceedings in regards to their children. 
  • They have already obtained a judgment awarding support. 
  • They are subject to a judgment rendered by Québec court, even if the creditor resides outside Québec.
Requirement
The debtor of support must provide Revenu Québec with security (see definitions) to be maintained for as long as the exemption applies. He or she may also establish a trust to guarantee the payment of support

To apply for exemption from the support-payment collection program, both former spouses must proceed in one of the following ways, depending on their situation:
  • If the application for exemption is made at the beginning of divorce, separation or support proceedings, they must either: 
      • Contact a legal adviser, who will file a motion for exemption with the court.
      • Or, indicate clearly in the documents required for the divorce, separation or support proceedings that they agree to an exemption. 
  • If the application for exemption is made after a judgment awarding support payment has been rendered, the former spouses must: 
      • Draw up the documents required for the application (or have a legal adviser do so).
      • File the application documents at the office of the clerk of the Superior Court at the courthouse where the judgment was rendered, or at the courthouse closest to the residence of either former spouse, and pay the required fees.
Once the agreement is approved by the special clerk, a new judgment is rendered. The former spouses will each receive a copy of the new judgment by mail.
 
To find a courthouse, use the online service Find a courthouse.
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