First, note that the Act to facilitate the payment of support (“the Act”) uses the following terms:

creditor: the person entitled to receive support;
debtor: the person who must pay support.

As a general rule, the Act applies to any person ordered to pay support for the first time as of December 1, 1995.

The Act may also apply if a judgment was rendered prior to December 1, 1995, in the following situations:

• where the debtor missed a payment and the creditor asks the ministère du Revenu to intervene;
  
• where the creditor and the debtor make a joint request for the Act to apply to them.

So, this means the Act will not apply if the judgment was rendered prior to December 1, 1995, the debtor regularly makes his support payments, and he does not consent to applying the Act. This means that the debtor will continue paying support directly to the creditor. However, if the debtor stops making payments, the creditor can ask the Minister to intervene and apply the Act (the application forms for this are available at any courthouse).

The Act also applies to those receiving employment assistance benefits. To learn more about this particular situation, visit the website of the Government of Quebec.

The Act will apply as follows when a civil union is dissolved:

• The spouses have children together:

The court must declare the dissolution of the civil union and settle all the consequences of this action, including support. The level of support is established by judgment. So it is the rule governing judgments rendered as of December 1, 1995 that applies.

• The spouses do not have any children together:

Support is established once there is an agreement and a joint declaration dissolving the union. These are both made before a notary. If the agreement says so, the support will be paid according to the Act to facilitate the payment of support – meaning that the ministère du Revenu will collect the payments. If there is no mention made in the agreement regarding the Act, the ministère du Revenu may only collect support if the debtor neglects to pay and the creditor formally asks the Minister to intervene.


For more information, consult the Infosheet entitled Civil union.

The ministère du Revenu of Québec is responsible for administering the Act. The administrative department responsible for collecting support is called the Direction principale des pensions alimentaires.

The ministère du Revenu acts as an intermediary between the debtor and the creditor.

The court clerk must inform the ministère du Revenu each time a judgment is rendered awarding support or ratifying an agreement between ex-spouses regarding support. In addition, any application for non-payment of support is forwarded to the Minister.

As explained above, support can also be established in an agreement and joint declaration dissolving a civil union. If such an agreement states that payments will be made in accordance with the Act, then it is up to the notary or the ex-spouses to notify the ministère du Revenu.

Once the ministère du Revenu is notified, a file is opened. The officer in charge of the file contacts the ex-spouses and the debtor’s employer, if applicable, and informs them of how the support will be collected and paid. The Minister can collect support by source deductions, a payment order, or both (see below for more details). Once the Minister has received the support, it will be forwarded to the creditor on the 1st and the 16th of each month, by cheque or direct deposit.

Generally, source deductions will be made from the debtor’s salary. Deductions may also be made from other income, in particular:

• pension benefits and severance pay;
  
• employment insurance and disability benefits;
  
• salary advances;
  
• any amounts arising out of a profit sharing plan.

However, deductions cannot exceed 50% of the gross income. If the amount deducted is not enough to cover the support owed, the difference is collected by payment order.

A payment order is a letter sent by the ministère du Revenu to the debtor. It states the amount of support and how often the debtor must pay it to the ministère du Revenu. The debtor must also furnish security equal to one month’s support. A payment order is used in a number of situations, such as the following:

• You don’t earn any income from which support can be deducted (see the preceding section for the income in question).
  
• The deduction at source is insufficient.
  A payment order can make up the difference. For example, your gross salary is $ 2,000 and you owe $ 1 100 in support. The ministère du Revenu can withhold up to $ 500, or half (50%) of your gross salary. The remaining $ 1000 will be collected by payment order.
  
• You prefer to make the payments yourself to the Minister. In this case, you must not owe any arrears, that is to say any unpaid amounts of support. You must also furnish security in the amount of one month’s support and pay the support according to the conditions set out in the payment order. This way you can avoid having the support deducted from your salary.

The debtor receives a form (the payment order) from the Minister each month indicating the amount payable and the date payment is due. The debtor sends the Minister the payment and the detachable portion of the form.

No. The Act only applies to support and arrears (i.e., unpaid amounts of support). The Minister does not collect any other sums owed by ex-spouses, such as debts resulting from the partitioned family patrimony or compensatory allowances.

The ministère du Revenu can collect certain amounts payable to third parties, such as a mortgage owed to a financial institution or cable and telephone bills. However, the Minister can only collect these amounts if three conditions are met:

• a judgment orders these amounts to be paid as support;
  
• the ex-spouse (the debtor) responsible for paying support fails to pay these institutions or businesses;
  
• the creditor asks the Minister to collect these amounts.

The amounts collected by the Minister from the debtor will be paid to the creditor, who is then responsible for making the necessary payments to the businesses involved.

Yes. A debtor can be exempt from the law and pay support directly to the creditor in two cases.

A joint application for exemption is the measure most frequently used. You can pay support to your ex-spouse directly if you both agree, provided you respect the following conditions:

• You must apply jointly to the court, which will ensure that you and your ex-spouse’s consent is free and enlightened.
  
• You must furnish sufficient security to cover one month’s support. The security can be in the form of a sum of money, a certificate of deposit, a savings bond, etc.

A trust is the second means of exemption. The court can authorize you to pay support directly to your ex-spouse, even if she doesn’t consent, if you establish a trust guaranteeing support will be paid. In practice, the trust system is rather complex and is not used by many payors.

In the case of a dissolution of civil union, you can pay spousal support directly to your ex-spouse, unless the agreement you both signed prohibits it. However, if you want to pay child support directly to your ex-spouse, you must use one of the two mechanisms described above.

Yes, the debtor can lose his exemption, since direct payment to the creditor is an exception under the law. The debtor will no longer be exempt if he asks that the exemption terminate or if he breaches his obligations. He must then pay the Minister directly. An exemption will be withdrawn in the following four situations:

• The creditor does not receive support and notifies the Minister;
  
• The support creditor and debtor jointly ask that the exemption come to an end;
  
• The debtor neglects to furnish, or fails to maintain, adequate security;
  
• The debtor neglects to establish the trust guaranteeing payment of support.

Note that a debtor can only obtain an exemption once. If the debtor fails to respect his obligations, the ministère du Revenu can collect support for as long as it is owed.

No. The Minister is just an intermediary and does not have the authority to stop collecting support or to vary the amount. You must ask the court to vary the judgment if you want the support to be suspended, cancelled, or decreased.

The Act authorizes the Minister to charge the debtor additional fees if he fails to make the requested payments. These costs are approximately:

• thirty dollars for bounced cheques;
  
• eighty dollars for late payments following a request for payment;
  
• one hundred dollars for a seizure.

The Minister can collect the amounts owed in many different ways, including seizing bank accounts, buildings, investments, etc. The Minister can also seize any tax refund owed to the support debtor to pay off the debt.

When support is deducted from the debtor’s salary, the employer has the obligation of paying the amounts deducted to the Minister. If the employer neglects or refuses to do so, he will be responsible to the same extent as his employee for the amount determined by the Minister. He may also have to pay a fine.

Yes, the Act allows for this in certain cases. The Minister has the discretion to decide whether it is appropriate in a given file to advance support to a creditor. However, the Minister is not obliged to do so. The maximum amount that can be advanced is $ 1 500, for a period usually not exceeding three months.

The Minister can only advance support where it is certain the debtor will reimburse the amount loaned. Also, the creditor must inform the person in charge of her file at the ministère du Revenu if her support is retroactively decreased or cancelled, or if the arrears owed are reduced or cancelled. The creditor may have to reimburse these amounts if they were paid to her as an advance.

Moreover, the law is of public order. Consequently, the courts have held that only the ministère du Revenu can start proceedings to collect current support. (The situation is different if arrears are owed.) However, if you feel the process is too slow, you or your lawyer can seize your ex-spouse’s wages or assets to collect support that is late or that he refuses to pay. In this case, we recommend you consult a lawyer to discuss your options.

Yes. The Act specifically states that information obtained while administering the law remains confidential. This applies as much to the Minister as to third parties, such as your employer.

For example, the Minister will not reveal the creditor’s address to the debtor and vice-versa. Nor will the debtor’s address, employer, or salary be revealed to the creditor. Ex-spouses, however, may authorize the Minister to communicate this information.

The debtor’s employer is also bound to guarantee the confidentiality of all information received from the Minister.

Yes, in the majority of cases. Support is still payable even though the child has turned 18. In other words, the ministère du Revenu will continue to collect support until the support obligation for this child is terminated by a new judgment. Therefore, one of the ex-spouses must obtain a judgment cancelling support so the Minister no longer collects it.

Remember that it is the achievement of financial independence – not the age of majority – that is the most important factor in ending the obligation of support. To learn more, consult the Infosheet entitled Support payments for an adult child.

It all depends on the type of decision involved. You must pursue an administrative recourse (see below) if, for example:

• The Minister deducts a certain amount from your salary, even though your employer stated you are not remunerated or you are paid less than decided by the Minister;
  
  
• You ask to pay by payment order instead of deductions, but the Minister states you failed to make your payment and decides to deduct support from your salary;
  
  
• You would like to contest an amount demanded by the Minister.

In order to file an administrative contestation, you must fill out the form “Notice of Contestation” and explain your reasons in writing (form PPA-120-V). You must send the form within 20 days of receiving the notice from the Minister. You can download Form PPA-120-V on the ministère du Revenu website. If you are not satisfied with the decision, you have 30 days to appeal to the Superiour Court.

The “Notice of Contestation” form is not appropriate in all situations. You should apply directly to the Superiour Court in the following cases:

• The Minister determined that the Act will be applied to you because, after obtaining an exemption, you failed to furnish security or pay support;
  
• Judgment was rendered prior to December 1, 1995, but the creditor applied for payment under the Act on the grounds that you failed to pay support.

In addition, if the Minister notifies you it will commence collecting support arrears claimed by the creditor, but you feel these arrears should be cancelled, you can go directly to the Superior Court to have them cancelled. This is because the decision is not within the Minister’s power.

You must contest these decisions by filing two copies of a motion with the clerk of the Superiour Court where the judgment was rendered or where the creditor lives.