Reviewing a Judgment in Family Matters: Homologation Assistance Service
Commission des services juridiques
To use the homologation assistance service, the parties must
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. NoteIf support is payable for a child over the age of majority, the child may be required to sign the agreement
Person not financially eligible for legal aid Each person must pay $275. The cost for the homologation assistance service is $550, i.e. lawyer’s fees of $400 and court costs of $150, to be paid equally by the parties. Person financially eligible for free legal aidThe homologation assistance service is free. Person financially eligible for legal aid under the contributory schemeThe cost corresponds to the lesser of the contribution payable and the cost payable to take advantage of the homologation assistance service ($275). If the parties are no longer able to agree once they have a lawyer, legal aid will be withdrawn. The lawyer will receive part of his or her fee ($100), and the balance of the amount paid by the parties ($450) will be reimbursed to them. If the special clerk refuses to homologate the agreement, it will be sent back to the lawyer for modifications. If the parties refuse to make the suggested modifications, the lawyer can stop representing them. In such a case, legal aid will be withdrawn. The lawyer will then receive part of his or her fee ($200), and $200 will be reimbursed to the parties. The cost of the judicial stamp ($150) is not reimbursed.
The following documents are required:
If eligibility for financial assistance has to be assessed, the following must also be supplied:
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