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 of a judgment rendered by Québec court even if the creditor resides outside Québec.
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, depending on their situation, proceed in one of the following ways:
- 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 then 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 or contact a legal adviser to draw up the documents required for the application
- File the application documents with the office of the clerk of the Superior Court at the courthouse where the judgment was rendered or the one nearest the place of residence of either of the former spouses and pay the required fees.
Once the agreement is approved by the special clerk, a new judgment will be rendered, a copy of which is mailed to the former spouses.