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Modification in child support

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Family law

Can child support be modified following a Court judgment?

Factors in Play

Amongst other criteria, a change in a parent’s financial situation, a change in the child’s residence, or a child’s new, special expenses, are all factors that may cause a modification in the child support payments. However, a parent may request a review of such judgment, in order to obtain a modification.

For example, section 596.1 of the Quebec Civil Code obliges parents to transmit and annually exchange, their proof of income. Failing to do so may force the court to impute damages. That article reads as follows:

596.1 . In order to update the amount of support payable to their child, parents must, on the request of one of them and no more than once a year, or as required by the court, keep each other mutually informed of the state of their respective incomes and provide, to that end, the documents determined by the rules for the determination of child support payments adopted under the Code of Civil Procedure (chapter C-25).

Court Review of Judgment 

Failure by one parent to fulfill that obligation confers on the other parent the right to demand, in addition to the specific performance of the obligation and payment of the costs, damages in reparation for the prejudice suffered, including the professional fees and extrajudicial costs incurred.

Thus, a party may request that the court review the amount of child support, specified in a judgment, as well as any other order, currently in force, due to the change in circumstance.

Me Sonia Rotondo

Alepin Gauthier Avocats Inc.

 

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