The support-payment collection program is administered by Revenu Québec, which collects support payments from persons who owe support (debtors) and remits them to the persons to whom support is owed (creditors). The program provides for 2 methods of collection, which may be combined, namely:
Support is collected by source deduction where the debtor receives an amount on a regular or periodic basis (for example, wages, retirement allowance, or disability benefits). The debtor's employer, or other person who pays him or her money, remits the source deduction to Revenu Québec.
It may also be collected by payment order in cases where the debtor does not receive amounts on a regular or periodic basis, where the amount deducted at source is insufficient, or because the debtor has so requested. The debtor remits the money to Revenu Québec, as well as security (see definitions).
Creditor or debtor residing outside Québec
If the debtor resides outside Québec and is making payments regularly, the procedure continues to apply. If the creditor resides outside Québec, the debtor continues to make the support payment to Revenu Québec, which pays the creditor in Canadian currency twice a month, regardless of where he or she resides.
If the debtor resides outside Québec and is not making payments regularly, Revenu Québec and the Ministère de la Justice may take action. The reciprocal enforcement of support payment procedure allows them to have Québec judgments enforced in the following states and countries:
If the debtor resides in a location other than those mentioned above, the enforcement procedure cannot be used unless the debtor still has property subject to seizure in Québec.
The program applies to judgments rendered as of December 1, 1995 for initial support. However, it is possible to obtain an exemption.
Persons subject to a judgment rendered before December 1, 1995 may, on certain conditions, apply to be covered by the program.
Exemption from the program allows the debtor to pay support payments directly to his or her former spouse, without the involvement of Revenu Québec. Such an exemption may be granted by the court with the consent of both former spouses. They must request the exemption in one of the following ways:
Termination of support collection
Revenu Québec ceases collecting support for a child or a former spouse in the following cases:
Security is a guarantee of payment equivalent to payment of support for 1 month. It is usually an amount of money, but may also be an undertaking given by a financial institution (in the form of a letter of guarantee or a surety ship) to pay, on demand, the amount owed to Revenu Québec.
Since the clientele and requirements can vary depending on the services, information is provided under each service.
Support payments are made on the 1st and the 16th of each month, by cheque or direct deposit. They are adjusted on January 1st of each year.
The support-payment collection program came into force further to the adoption, on May 11, 1995, of the Act to facilitate the payment of support.
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