Child support in Quebec refers to the financial support provided by one parent to the other for the benefit of their child(ren) after separation or divorce. It is intended to ensure that the child’s essential needs, such as food, clothing and shelter are adequately met.
Child support is considered a legal obligation to the child(ren), not the other parent. Therefore, it cannot be waived or renounced by either parent. The reason for this is that child support is viewed as the child(ren)’s right, not a parental privilege. The is based on the principal that both parents have a responsibility to support their child(ren) financially, regardless of the status of their personal relationship.
The courts prioritize the best interests of the child(ren) when determining child support amounts. The financial situation of both parents, the child(ren)’s needs, and the parenting time arrangement decided by the parties or the courts after the separation are all taken into account in order to determine the appropriate amount of child support and to which parent the support is owed.
Non-compliance with this legal obligation subsequent to a court judgment constitutes an offense under Canadian law, thereby exposing the obligated debtor to potential legal consequences.
One of the primary consequences you may face is wage garnishment, where Revenu Québec is granted the authority to deduct the appropriate amounts directly from your paycheck as part of support enforcement. Moreover, Revenu Québec has the authority to impose additional fines and fees for non-payment of support. It is highly probable that the agreement of child support between lawyers will be registered with Revenu Québec for enforcement purposes.
In certain family situations, the court may order automatic deductions from the outset of the divorce proceedings, possibly due to concerns with respect to the enforcement or as standard procedure. During this period, you may be required to make direct payments to Revenu Québec until the automated deductions take effect. However, if you are self-employed, wage garnishment may not be feasible. In such cases, alternative measures such as levying bank accounts or seizing tax refunds may be employed to ensure support payment compliance.
Another one of these ramifications is the suspension of certain licenses held by the debtor.
In accordance with the Family Orders and Agreements Enforcement Assistance Act (FOAEAA), Revenu Québec possesses the authority to petition for the denial or suspension of a Canadian passport, as well as specific federal marine and aviation licenses. In the event that an individual already holds a Canadian passport or one of the aforementioned licenses, the government is obligated to suspend it upon receiving a formal request from Revenu Québec. Such a request may only be initiated if the individual meets either of the following criteria:
⦁ Failure to remit three or more payments.
⦁ Falling behind in payments by $3,000 or more.
The Department of Justice Canada is solely authorized to lift the suspension of a federal license or passport upon receipt of a formal request from Revenu Québec to do so. In certain instances, a passport or license may reach its expiration date or become invalid prior to the conclusion of the suspension period. In such situations, the affected individual will be required to apply for a new passport or license.
In Quebec, unlike other provinces, the government cannot suspend your driver’s license for failing to pay child support. The same goes for New Brunswick, making them the only two provinces in Canada without this recourse.
In any scenario, the Quebec authorities will be persistent in their efforts to assure and facilitate timely child support payments.
