Can I claim child support in small claims?
Short answer
No. In Quebec, applications for child support are not admissible in the Small Claims Division: the Superior Court has exclusive jurisdiction over those matters.
In detail
The Gouvernement du Québec includes child support in the list of applications that are not admissible in small claims, specifying the exclusive jurisdiction of the Superior Court. That holds whatever the amount involved.
Exclusive jurisdiction means that no agreement between the parties can move the case over to small claims. An application filed in the wrong forum costs fees and time.
Also worth noting, on the enforcement side: where a seizure of income targets a support debt, the usual exemptions do not apply and up to 30% of gross income can be withheld. That regime is separate from the one for an ordinary claim.
What to document
Any existing judgments or agreements, the amounts owed and paid with their dates, and all the correspondence. This documentation serves you both before the court that has jurisdiction and before Revenu Québec for collection.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Applications admissible and not admissible in small claims — Gouvernement du Québec
- Seizure of your income — Gouvernement du Québec
Related questions
- What kinds of claims are accepted in small claims?
- How much can I claim in small claims court?
- Can my business sue in small claims court?
- Can I have a lawyer in small claims court?
- Is a formal notice mandatory before small claims?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.