Alimony and loss of employment: must you continue to pay?

Pension alimentaire et perte d’emploi: devez-vous continuer à payer?

Since the beginning of the crisis, many separated parents who pay child support have lost their jobs and they are no longer able to pay for it. That happens when a parent can no longer pay the maintenance which is used to cover the essential expenses of the children ?

You must comply with the judgment

Parents must abide by the judgements of maintenance even during the crisis. Revenu Québec continued to collect and pay the maintenance as before.

If you are employed, it is possible that Revenu Québec will perceive directly the maintenance on your payroll. In this case, Revenu Québec may not be able to collect the pension because you have lost your job. To correct the situation, you need to communicate with Revenu Québec to pay him child support directly.

You can’t just stop paying!!!

If you do not have the means to pay the maintenance of your child, you must take steps to amend the judgment. If you stop simply paying the alimony, you will accumulate debt.

Avoid debts for alimony

If you stop paying child support which has been provided for by a judgment, you will accumulate debt, or so-called ” arrears “. The amount of the arrears of alimony unpaid, will be recorded in your file with Revenu Québec. At least being able to cancel the arrears that you have accrued, you will have to repay your debts of alimony.

If the debts of alimony accumulate, Revenu Québec may take different means to obtain payment. For example, Revenu Québec may seize your tax refund or enter the amount into your bank account.

The PCU can not be entered

If you receive Delivery canadian emergency (PKU), note that Revenu Québec may not enter this amount, even to pay child support.

Request the amendment of the pension

It is possible that a significant change in the life of one of the parents influence the calculation of child support. In this case, the parents may decide to modify the spousal support that had been established in the judgment. For example, if you have lost your job or your income has decreased due to the crisis, you could reduce the amount of child support established in the judgment.

A change of custody of children may also be grounds to modify the alimony. Since the beginning of the crisis, some separated parents have agreed to the agreement in order to change the terms of custody of their children. If the amount of child support laid down in the judgment had been calculated on the basis of a shared custody, but the child is now living exclusively at the home of one of the parents, this could justify to change the amount of the pension.

Modify the judgment of the board without going to court

If the change is temporary and that everything indicates that things will return to normal after the crisis, there is no obligation for parents to take steps to modify their judgment of alimony. But for those who wish to do this amicably without going to court, there are several options.

The Service registration (SAH)

This service allows you to edit the maintenance to be friendly with little expense. To use it, you need to make an appointment with the legal aid office in your area. You can use this service even if you are not eligible for legal aid.

Family mediation

Mediation can also help you reach an amicable agreement. You might even be entitled to some free hours ! Currently, some mediators offer their services remotely, for example by video conferencing.

The Service administrative adjustment of the child support (SARPA)

The request for an adjustment of alimony can be filled online on the website : www.sarpaquebec.ca.

If you don’t agree with the other parent, you need to go to the court to modify the alimony. The judges continue to hear cases in the family and employment attorney matters during the crisis if the request is urgent. For more information, you can contact the Clinic for legal assistance COVID-19 to 1-866-699-9729.

Pension alimentaire et perte d’emploi: devez-vous continuer à payer?

Informational text – This text is not legal advice; it is recommended to consult with a lawyer or a notary public to such a notice. Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations in a clear language”.

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