How do you get child support changed?
Short answer
In Quebec, a significant change in circumstances is required to change child support, such as a job loss, a change in income or a change in custody time. If both parents agree, SARPA can recalculate it without going to court, at a cost of $57, and free of charge for people who qualify for legal aid.
In detail
Three routes exist where the parents agree. SARPA (Service administratif de rajustement des pensions alimentaires pour enfants, the administrative child support recalculation service) recalculates support administratively; it requires that the child concerned be under 18, that both parents live in Quebec, and that the current support have been set by a judgment. The SAH (Service d'aide à l'homologation, the homologation assistance service) has the agreement drafted by a lawyer and homologated by the court, at a cost of $651, which can be reduced depending on financial circumstances and is sometimes free; both parties have to apply together. Finally, it remains possible to file an application directly with the court.
If the parents do not agree, family mediation is available with subsidized hours. Failing an agreement, it is a judge who will determine whether the change in circumstances justifies a modification.
One important reminder: even where there is an agreement, the amount agreed on has to follow the calculation method set out by law, and the court can refuse an agreement whose amount is insufficient.
What to document
Whatever demonstrates the change: record of employment, notice of termination, new pay stubs, notice of assessment, or the new custody calendar with the day count. Note the date on which the change occurred — it can affect the date from which the modification applies.
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
- JuridiQC — Changing child support
- Ministère de la Justice du Québec — Administrative child support recalculation service (SARPA)
Related questions
- My ex is not paying child support — what do I do?
- Do I have to give my income information to my ex every year?
- Can I ask for child support if the other parent lives abroad?
- What are the grounds for divorce in Quebec?
- Is family mediation mandatory before going to court?
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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.