It’s possible to ask for child support from a parent that lives elsewhere in Canada, or even abroad. As long as one of the child’s parents lives in the province, a Quebec court can order someone to pay child support. But how is the amount decided? And how do the rules make sure the support is paid?
Child support is money one parent pays to the other to cover their children’s needs after the parents break up. It helps pay for everyday expenses, like food, housing, communication, clothing, transport and extracurricular activities.
How is child support calculated?
Getting divorced before a Quebec court? Even if the other parent lives outside the province, it’s possible to request child support. The support amount will be determined according to rules set by the federal government. You can look at the Federal Child Support Tables to figure out the approximate amount of these payments. These tables give the base amounts that apply to the province or territory where the other parent lives. If the other parent lives outside Canada, then the base amount for Quebec is used.
If you and the other parent are not married or separate without divorcing, you can still ask a Quebec court to order the other parent to pay child support. In this case, the amount will be calculated according to rules set by the Quebec government. You can use the Child Support Payments Calculation Tool to estimate the amount you should receive for your children, depending on your situation.
No matter which rules apply, if a parent lives abroad, their income will generally be converted into Canadian dollars to calculate the support amount.
The other parent lives elsewhere in Canada or in the United States
Revenu Québec’s support-payment collection program manages child support payments when the other parent lives in another province or territory of Canada. This program also applies when the parent lives is in one of the following American states: California, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Pennsylvania or Vermont.
In most of these cases, your file is automatically sent to Revenu Québec when a Quebec court orders the payment of child support.
After confirming information with both parties, Revenu Québec will act as an intermediary between you and the other parent. This means that you don’t need to communicate directly with the other parent. Revenu Québec collects the payments and transfers them to you. It can also take measures in case the other parent fails to pay.
For example, Revenu Quebec can withhold the amount the parent owes you through source deductions on their salary or from their income tax refund, seize their property or accounts in their name at a financial institution or even suspend their Canadian passport.
The other parent lives in France
Quebec has an agreement with France to make legal judgments involving both places easier to enforce.
Under this agreement, the Ministère de la Justice du Québec (Justice Quebec) manages child support payments.
If the other parent lives in France doesn’t respect a Quebec court’s judgment ordering them to pay child support, you can inform Justice Quebec of the situation. Justice Quebec will forward the case to the French Ministry of Justice, which will take steps to locate the other parent and encourage them to pay the child support.
The other parent lives abroad
If the other parent lives abroad, in a country other than France, the rules to enforce payment vary depending on where they live.
Consult a legal professional to understand the options that are available in your specific situation.
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Thinking of moving outside of Quebec? Are you and the other parent both currently living in Quebec? Are you considering moving elsewhere? If so, here’s what you should know about how child support payments are handled. If you move to France, you can notify the French Ministry of Justice if the other parent stops making child support payments. The French authorities will then work with Justice Quebec, who can take steps to locate the parent who stayed in Quebec and encourage them to pay. If you move abroad, but not to France, Revenu Québec will continue to manage the child support payments. The other parent will still send their payments to Revenu Québec, who will then transfer the money to you, no matter where you live. |