To use the homologation assistance service, the parties must
- go to a legal aid office after making an appointment. They can go together to a legal aid office that serves the place of residence of at least one of the parties, or each party can go to the legal aid office that serves his or her place of residence;
- complete Form H Application for assistance in homologation of an agreement and supply all the documents required to have the eligibility of the case verified;
- pay the cost of the service, where applicable, once the lawyer has confirmed that the case is eligible for the homologation assistance service;
- meet with the chosen lawyer to have the following documents drafted or signed;
- the joint application for homologation;
- the sworn statement of each party;
- the joint child support determination form;
- the agreement between the parties, if not done already.
The lawyer then mails all of the documents to the office of the courthouse where the judgment being modified was rendered.
A special clerk homologates the agreement, which then becomes an executory judgment of the Superior Court. The judgment is sent to the lawyer, who forwards a copy to each party.
If the modified judgment provides for support payments, a copy of the judgment is automatically sent to Revenu Québec where the amount to be collected is adjusted accordingly.
If support is payable for a child over the age of majority, the child may be required to sign the agreement