You wish to cancel the support payment for your child , but you don't know how to go about it? First know that this decision must be made by a judge.
Indeed, since child support is a court decision, its cancellation must also be made by the court.
This is a situation that can be very difficult and where emotions are present. It is therefore important to be certain of knowing how to handle it in order not to add stress to your situation, which can be challenging for all family members.
Cancellation is never automatic, even if your child reaches the age of majority! It is important to check if your situation allows you to cancel child support.
JuriGo explains everything you need to know in order to cancel child support!
Want to cancel your child's alimony? Here's what you need to know!
Have you decided to cancel the alimony for your child?
It's important to know that this is not a decision you can make on your own! Indeed, before starting the cancellation process, you should determine which of the two situations applies to you:
- Your child is a minor? You must ask yourself if the other parent agrees to cancel the alimony;
- Your child is of age? You will need to know if both the other parent and the adult child agree to cancel the alimony.
| Attention! It is crucial to involve your adult child in the process in order to have their consent if you wish to take an amicable approach. |
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Ideally, the people involved accept the decision which makes the process faster and significantly more affordable. However, reality is not always this and therefore, it is possible that you may be in a situation where the court's intervention is necessary.
Here is what you can do in both situations!
The people involved agree to cancel the alimony? Everything you can do!
In the situation where everyone agrees that you can cancel your child's alimony, 3 situations present themselves to you in order to legally cancel the alimony!
1) The Administrative Service for Alimony Adjustment (SARPA), an affordable service!
SARPA is an administrative service that allows parents to modify the alimony for minor children only, without having to go to court. You will need to fill out a joint application form and pay a sum of $280, which is $140 per parent.
| Important! There are a large number of criteria to determine if you are eligible for this service. Make sure to understand these conditions before starting the procedure. |
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2) The Homologation Assistance Service (HAS), what is it?
In this case, the Ministry of Justice assists you, jointly with the involved parties, in drafting the necessary documents for the request of cancellation or modification of the pension that you need to present to the Superior Court.
This service costs $550 and allows you to receive a review of the documentation.
| Did you know? If you are eligible for legal aid, it is accessible in this type of process! |
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3) How to directly approach the Superior Court?
Finally, you also have the option to directly approach the Superior Court. In this situation, certain documents must be drafted to ensure respect for the proper procedures before the court.
You always have the opportunity to draft these documents by yourself. However, it is important to keep in mind that these are legal documents with numerous rules for format and content. These can be very complex and making a mistake can be disastrous for your application!
The application you must make depends on your relationship with the other parent of the child:
- If you were married, you must fill out the joint request for modification of accessory measures , and
- If you were in a common-law relationship, you must fill out the joint request for modification of alimony.
To ensure that all documents are in order, it is strongly advised to hire a lawyer!
JuriGo allows you to find the right lawyer for free and ensures the proper conduct of legal proceedings.
Other people refuse the cancellation of the pension? What are your options?
However, it happens that other people involved in the process refuse the cancellation of the alimony. In this situation, you still have options available to you in order to be able to cancel the pension.
1) Family mediation – a mandatory step!
Since 2016, Quebec legislation requires considering the other options available to you, including family mediation . Fortunately, you have the option to receive the service of a family mediator for a duration of 2.5 hours, free of charge.
It is therefore necessary to consider family mediation with your former partner and your adult child before looking at other legal remedies!
2) The Superior Court, where to start?
If mediation does not bear fruit, you still have the opportunity to appear before the Superior Court. The procedure will vary depending on the relationship between the two parents of the child in question. The requests are the same as those when the people involved are in mutual agreement:
- If you were married, you need to fill out the joint request for modification of accessory measures , and
- If you were common-law partners, you need to fill out the joint request for modification of alimony.
| Attention! It is necessary to attend the information session on parenting after separation offered by the Ministry of Justice before appearing in court. The participation of both parents is mandatory. However, a person who is a victim of domestic violence is exempt from this obligation. |
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Once again, you have the ability to draft the documents yourself, but the rules are heavy and laborious. It is encouraged to deal with a lawyer who will take care of the complete drafting of the documents as well as your representation if necessary.
JuriGo allows you to find this lawyer for free by filling out its form!
Has your child reached the age of majority? You are not necessarily freed from paying child support!
Indeed, when your child reaches the age of 18 and becomes an adult, it does not necessarily mean that you can stop paying child support! The support is ordered by a judge and therefore, it is necessary for him to order the cancellation of the support.
To cancel your child's support, there are 2 conditions that you need to meet:
- The child's age of majority, and
- Their financial independence.
Financial independence, in this context, means that the child is able to meet their needs independently without the help of their parents. However, they don't need to be able to buy a house to be independent, they just need to be able to live independently.
Normally, if you don't meet both criteria, you will be obliged to continue to pay…
If your child is studying, other criteria need to be considered!
In the case where your adult child is studying, age of majority and financial independence are not the only criteria to consider! Indeed,you will need to take into account:
- His study profile (academic results, type of studies),
- The seriousness of the study approaches (the efforts he deploys), and
- The level of education of the parents.
If you have yourself pursued university studies, the judge considers it normal that he should have the same opportunity!
| Did you know? If your child changes their program, drops a course or fails academically, you may still be forced to pay alimony! However, the judge can cancel the alimony if this becomes repetitive or if the child drops their courses without reason. |
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Is it the right solution to stop paying alimony without the judge's permission?
In case you decide to stop paying your child's alimony without having received a judge's permission, know that you will be liable for all the payments you have not made.
For example, if you have to pay an alimony of $600 per month and you have not paid for 4 months, you will have to pay $2400. Know that Revenu Québec is responsible for collecting alimonies.
Moreover, if you fail to pay, Revenu Québec or the other parent of your child who benefits from the alimony can seize certain goods that belong to you and sell them in order to recover the amount equivalent to the alimony. Finally, it is possible that the other parent initiates legal proceedings and you could be found guilty of contempt of court.
The penalty for contempt of court can reach an amount up to $10,000, community service and even, imprisonment if you still refuse to respect the judgment.
In short, without a judge's decision, you cannot stop paying alimony!
Do you want to cancel your child's alimony? Use JuriGo to find the right lawyer!
Have you decided to cancel the alimony and wish to hire a lawyer to ensure that all the information is included in the documents? JuriGo allows you to find the right lawyer who will guide you!
The family law attorney will be able to fill out the necessary legal documents for your request to cancel alimony and advise you on the best way to proceed.
Fill out the form for free right now and JuriGo will take care of finding you the ideal lawyer that fits your situation.