Lots of legal information, but in small doses

Child support orders can be issued by a Quebec Court even if you or the child live elsewhere

Categories:

Family law

Marise, who lives in France, asked us about her situation.

She is divorced by judgement of divorce issued in Montreal. She moved to France with her minor child a few years ago. Her ex-husband continues to reside in Montreal. She would like to modify the amount of child support she is receiving from her ex-husband for the benefit of her minor child.

She wants to know if she can take the procedures in Montreal or does she have to take the procedures in France?

Article 3141 of the Civil Code of Quebec provides that Quebec authorities have jurisdiction to hear personal actions of an extra-patrimonial and family nature when one of the persons concerned is domiciled in Quebec.

Therefore, in Marise’s situation the request can be filed in Quebec seeing that her ex-husband is still living in Quebec. Furthermore, a recent Superior Court decision, D. B. c. D.A. K. rendered in April, 2016, confirmed that Quebec has jurisdiction to rule on a request for child support, even though the person who requests child support or to whom the child support is owed, is domiciled outside of Quebec.

Gianina Fuschini, Attorney-at-Law
Alepin Gauthier avocats inc.

Back to the list

Do you like this publication?


Contact us

Contact us

Laval

450 231-1277
3080, boul. Le Carrefour
Bureau 400
Laval Qc Canada H7T 2R5

Lasalle

514 364-3383

Montréal

514 335-3037

Fax

450 681-1476

Directions

Follow us