Parents who agree to change a child custody or child support judgment can use the Homologation Assistance Service (HAS). Legal aid offers this service to everyone at little or no cost.
Agreeing to change an existing judgment
To use the Homologation Assistance Service (HAS), you must already have a judgment determining child custody or child support. This is the case if
- you and your ex-spouse signed an agreement and you had it approved by the court, or
- child custody or child support was granted in court by a judge.
To change this judgment using the HAS, you and the other parent must agree on all the changes you want to make. If you and the other parent don’t agree on the changes, you can’t use this service.
You can invite your ex-spouse to family mediation to try to reach an agreement on the parts of the judgment you want changed.
Changing child custody and child support
The HAS lets you change several aspects of a judgment. Here are some examples:
- change in custody of a minor child
- change in the amount of child support payments for a minor or adult child
- cancellation of child support payments or debts for unpaid child support.
- cancellation of child support for an adult child (for example, if the child has become financially independent)
Important: If you use the HAS service to cancel child support payments for an adult child, both the adult child and your ex-spouse must agree to the cancellation.
Make an appointment with legal aid
To use the HAS service, you must make an appointment with your local legal aid office. You don’t have to be eligible for legal aid to use the HAS service.
If both ex-spouses are eligible for legal aid, the HAS service is free. If neither ex-spouse is eligible for legal aid, the total cost is $556. If one spouse is eligible for legal aid, but the other is not, the total cost will be $278, instead of $556.
You must bring several documents to the appointment, including proof of income and a copy of the judgment you want changed. Visit the website of the Commission des services juridiques (legal services commission), or call your legal aid office for more information about which documents you’ll need to bring.