Everything you need to know about child support in Quebec
Child support in Quebec is an essential form of financial support that aims to ensure the well-being of children after a separation or divorce.
It is calculated on the basis of clearly defined criteria and can be revised if the situation changes.
This article explains in detail who has to pay, how it is calculated and under what conditions it can be modified or cancelled.
1. Who has to pay child support?
In principle, it is the biological or adoptive parents who have the obligation to provide for the needs of their children.
However, in certain specific situations, a new spouse may be required to pay child support for their spouse’s children, even if they are not their biological parent.
This obligation may be imposed by a court if:
- The spouse married the children’s parent.
- The couple divorced.
- The spouse acted as a parent to the children.
How can I determine whether a step-parent has acted as a parent?
A judge will analyse various factors to establish whether the step-parent has assumed a significant parental role, including:
- The children’s opinion.
- The intention of the spouse to play a parental role.
- The participation of children in the family life of the spouse.
- The spouse’s financial contribution to the children’s needs.
- The way in which the spouse disciplined the children and presented their relationship with them to those around them.
Note that this obligation does not apply to de facto spouses, i.e. unmarried couples.
2. How is child support determined?
In the event of separation or divorce, the division of parental time has a direct influence on the amount of alimony.
The main rules are as follows:
- If one parent has sole custody, the other parent must pay child support, even if their income is lower.
- In the case of shared custody, the parent with the higher income pays child support to the other in order to ensure fairness between the households.
What are the calculation criteria?
The amount of child support is calculated according to a scale defined by law, taking into account:
- The income of both parents.
- The number of dependent children.
- The particular needs of children (health, education, extracurricular activities, etc.).
- The costs of specific care or education.
The courts may adjust support payments in the event of exceptional circumstances, such as job loss, disability or a change in custody arrangements.
3. Taking income into account in the calculation
Many people think that only the income declared to the tax authorities is taken into account. However, the law allows this income to be adjusted to more accurately reflect a parent’s financial situation.
Thus, a fictitious income can be imputed to ensure a fair contribution.
What income is taken into account?
The calculation of child support includes:
- Salaries and earned income.
- Business and investment income.
- Bonuses and benefits in kind.
- Undeclared earnings
In principle, total gross income is used, except in special cases.
What about unemployed parents?
A parent who voluntarily leaves their job to avoid paying child support may be assigned a notional income based on their earning capacity.
For example, a nurse who chooses to stop working could have his or her income calculated according to the average salary for his or her profession.
4. Modification and termination of alimony payments
When and how can child support be modified?
Child support can be revised in the event of a significant change in the situation of the parents or children.
A request for a change can be submitted if:
- One of the parents’ income changes significantly (increase or decrease).
- Children’s needs change (health, studies, etc.).
- There is a change in child care.
The request must be filed with the courts or be the subject of an agreement between the parents.
When does child support end?
Contrary to popular belief, the pension does not automatically cease when the child reaches adulthood. It ends when the child becomes financially independent, unless:
- They are studying full-time and cannot support themselves.
- They have a medical condition that makes them dependent on their parents.
An adult child can therefore continue to receive child support if they can demonstrate that they need it to continue their studies or to cover essential expenses.
5. The taxation of alimony
Since 1 May 1997, child support is no longer taxable.
This means:
- The parent who receives it does not have to add it to their taxable income.
- The parent who pays it cannot deduct it from their income.
This measure aims to ensure that children benefit fully from the amount paid without any tax impact for parents.
6. Calling on the services of a family lawyer
Calculating and changing child support can be complex.
A family lawyer can help you with:
- Understand your rights and obligations.
- Draw up an agreement between parents on a non-contentious basis.
- Submit a request for modification in the event of a change in circumstances.
- Challenging maintenance payments deemed inappropriate.
A key element of child well-being
Child support is a fundamental element of children’s well-being after a separation.
A good understanding of the issues involved will ensure a fair division of parental responsibilities and provide a stable environment for children.
