Laws
An Act to Facilitate the Payment of Support, R.S.Q., C. P-2.2
The Act to Facilitate the Payment of Support, R.S.Q., c. P-2.2, has been a godsend to women and children throughout Quebec! Since 1997, the Minister of Revenue of Quebec collects child and spousal support, without charge to the recipient. This saves a fortune in legal fees for the women and children who can least afford to hire a lawyer to collect the support they need in the first place! The MRQ collects the support from the debtor, and remits it to you semi-monthly, on the 1st and 15th days of each month (by automatic deposit in your bank account, if you set it up!).
The Act to Facilitate the Payment of Support has been a godsend to women and children throughout Quebec! Since 1997, the Minister of Revenue of Quebec collects child and spousal support, without charge to the recipient. This saves a fortune in legal fees for the women and children who can least afford to hire a lawyer to collect the support they need in the first place! The MRQ collects the support from the debtor, and remits it to you semi-monthly, on the 1st and 15th days of each month (by automatic deposit in your bank account, if you set it up!).
Of course, this law does not take away your right to collect your alimony or child support yourself, in the event the Minister of Revenue fails to act, or is not acting fast enough. When the debtor is about to skip the country, is hiding assets or you discover he has income he failed to disclose, call your lawyer to issue seizures against him, and don't wait!
Your agent at the Minister of Revenue is supposed to keep you advised of all steps taken to execute your judgment or separation agreement. If not, do not be shy to call and ask. Your agent cannot refuse to answer. Also, the Minister of Revenue no longer has the right to make any "deals" with your debtor, without your prior approval!
Your agent at the Minister of Revenue can only collect child and spousal support that are payable regularly (weekly, monthly), and only sums that are clearly defined in a judgment. Lump sum support and provisions for costs are not collected by the MRQ. If your judgment says your ex-husband has to pay school fees or the mortgage, the MRQ will also not collect these sums, unless the figures are set out in the judgment. Last of all, the MRQ will not collect support set out in an agreement that has not been ratified by the Court.
So remember! Always get a judgment. Always specify all amounts the debtor must pay, not just "categories." Don't rely solely on an agreement. If your agent does not move fast enough, don't wait! Get your lawyer to issue a seizure!
Civil Code of Quebec, L.R.Q., c. C-1991
Here is the Civil Code of Quebec, L.R.Q., c. C-1991: Don't leave home without it! It sets out the general rules of civil law for the entire province, and unlike common law jurisdictions, we turn to the Civil Code first, before referring to case law for inspiration and guidance.
For all family proceedings which are not part of a divorce file, it is the Civil Code which applies: e.g. custody, alimentary pension (spousal and child support), parental authority and its deprivation, the right of the child to be heard, the best interest of the child, succession, family patrimony, marriage contracts, matrimonial regimes, compensatory allowance, etc.
Code of Civil Procedure
The nuts and bolts of the legal profession!
The Code of Civil Procedure provides all the technical rules that apply within the province from the moment you take legal action: How to serve the defendant, where to deposit your proceedings, when time delays begin and expire, right up to how to execute seizures and appeal judgments.
Indispensable for the legal practioner.
Divorce Act
This enactment amends the Divorce Act to introduce a new approach to parenting arrangements, based on "parental responsibilities". Rather than making custody and access orders, the court will make "parenting orders". The "parenting orders" may allocate "parenting time" as well as decision-making responsibilities regarding the child's health care, education, religion and other matters. The court will also be able to make "contact orders" governing contact between the child and persons other than the spouses. Both types of orders are based on the "best interests of the child". The "best interests of the child" are determined in the light of a non-exhaustive list of criteria that the court must consider.
The often hurtful language of "custody" vs. "taking out rights", which often made "non-custodial" parents feel relegated to second class status, will be eliminated. This does not mean that "joint custody" becomes the new religion to determine the welfare of children! Eliminating one kind of dogma to replace it with a "new" dogma would be just as harmful for children. "Parenting plans" should be formulated to bring out the best in all parents, whatever their sex and without regard to traditional biases about what roles mothers or fathers "should" fulfill. A child deserves to have both parents make their maximum efforts to fulfill their responsibilities. We have certainly come a far way from fathers being relegated to "Sunday daddies" and mothers having all the burden of child care!
The Hague Convention
If your child has been removed from the country of his habitual residence, you have recourse to have him returned to his home country, by international law rules that apply in Quebec...
The Hague Convention on the Civil Aspects of International Child Abduction.