Monday April 03 2023
Changing Child Support
Child support may be subject to review if there is a significant change in the parents' situation.
In addition, in order to keep the value of the support owed to the child up to date, the Law provides for a mandatory indexation of the amount on January 1st of each year, as established by Revenue Québec, as well as the obligation for the parents to keep each other informed of their respective incomes, at least once a year.
To do so, parents must communicate all their sources of income (except for certain government transfers) and the provincial and federal notices of assessment.
This said, it can be modified amicably, that is, by agreement between the parents, SARPA or, as a last resort, by the courts.
Since SARPA's administrative service is not well known, let's take the time to give a brief overview.
In 2012, the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfantsintroduced a new administrative service within the Commission des services juridiques (Legal Aid): SARPA , being an administrative service for the adjustment of child support.
In short, this service allows one or both parents residing in Quebec to request an adjustment of support payments for a minor child when there is already a judgment ordering the payment of support or an agreement approved by the court.
To do so, a written request must be sent to SARPA (by internet or at their offices) or filed at a legal aid office (if the parent(s) are eligible for legal aid). In addition, there is a fee of $53 for the processing of an application.
Do not hesitate to consult with an attorney on our family law team if you would like assistance or more information regarding a support review.
Me Gianina Fuschini,
With the collaboration of Leila Mahi-Bahi,
Alepin Gauthier Avocats Inc.
This column contains general legal information and should not replace legal advice from a lawyer or notary who will consider the specifics of your situation.