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.