Do you want to cancel your child support payments, but don't know how? Know first that this decision must be made by a judge.
Indeed, since child support is a decision of the court, 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 how to proceed in order not to add stress to your situation, which can be trying for all family members.
Cancellation is never automatic, even if your child reaches 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!
Do you want to cancel child support payments? Here's what you need to know!
Have you decided to cancel child support payments?
It is important to know that this is not a decision you can make alone! Indeed, before starting the cancellation process, you should establish which of the two situations applies to you:
- Is your child a minor? You should ask yourself if the other parent agrees to cancel child support payments;
- Is your child an adult? You will need to find out if the other parent and the adult child agree to cancel child support payments.
| Attention! It is crucial to involve your adult child in the process in order to obtain their consent if you wish to proceed amicably. |
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Ideally, the people involved accept the decision which makes the process faster and much more affordable. However, reality is not always like this and therefore, it is possible that you may be in a situation where court intervention is necessary.
Here is what you can do in both situations!
The parties involved agree to cancel child support? Here's what you can do!
In the situation where everyone agrees that you can cancel child support for your child, 3 situations arise in order to legally cancel the support!
1) The Administrative Service for Adjusting Child Support (SARPA), an affordable service!
SARPA is an administrative service that allows parents to modify the support payment for the minor child only, without having to go to court. You will need to fill out a joint application form and pay a fee of $280, or $140 for each parent.
| Important! There are many criteria to determine if you are eligible for this service. Make sure to read and understand these conditions before starting the procedure. |
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2) What is the Homologation Assistance Service (SAH)?
In this case, the Ministry of Justice assists you, together with the people involved, in drafting the necessary documents for the request for cancellation or modification of the pension that you must 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 available in this type of process! |
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3) How to directly address the Superior Court?
Finally, you also have the option to address the Superior Court directly. In this situation, certain documents must be drafted to ensure proper procedures are followed in court.
You still have the option to draft these documents yourself. However, it is important to keep in mind that they are legal documents with many rules regarding form and content. These rules can be very complex and making a mistake can be disastrous for your case!
The request you must make depends on your relationship with the other parent of the child:
- If you were married, you need to fill out the joint request for modification of ancillary measures , and
- If you were common-law partners, you need to fill out the joint request for modification of child support.
To ensure that all documents are in order, it is highly recommended to consult with a lawyer!
JuriGo allows you to find the right lawyer for free and ensure the smooth running of legal proceedings.
Do other people refuse to cancel the alimony? What are your options?
However, it happens that other people involved in the process refuse to cancel the alimony. In this situation, you still have possibilities available to you in order to cancel the alimony.
1) Family mediation - a mandatory step!
Since 2016, Quebec legislation requires considering other options available to you, including family mediation . Fortunately, you have the option of receiving, free of charge, the service of a family mediator for a duration of 2.5 hours.
It is therefore necessary to consider family mediation with your former partner and your adult child before looking at other legal recourse!
2) The Superior Court, where to start?
If mediation does not yield results, you still have the option of appearing 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 when the parties involved are in agreement:
- If you were married, you must fill out the joint application for modification of incidental measures , and
- If you were common-law partners, you must fill out the joint application for modification of child support .
| Attention! It is necessary to attend the parenting information session after a breakup 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 possibility to draft the documents yourself, but the rules are heavy and laborious. It is encouraged to work 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 released from 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! Child support is ordered by a judge and therefore, it is necessary for him to order the cancellation of child support.
To cancel your child's child support, there are 2 conditions that you must meet:
- The majority of the child, and
- The financial autonomy of the child.
Financial autonomy, in this context, means that the child is able to provide for their needs independently without the help of their parents. However, they do not need to be able to buy a house to be autonomous, they simply need to be able to live independently.
Normally, if you do not meet both criteria, you will be required to continue paying...
If your child is in school, other criteria must be considered!
In the case where your adult child is in school, majority and financial autonomy are not the only criteria to consider! In fact, you will need to take into account:
- Their educational profile (school results, type of studies),
- The seriousness of their study efforts,
- The level of education of their parents.
If you have yourself pursued university studies, the judge considers it normal for the person to have the same opportunity!
| Did you know? If your child changes program, drops a course or fails school, you may still be forced to pay child support! However, the judge can cancel the support if it becomes repetitive or if the child drops out of school without reason. |
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Is stopping child support payments without a judge's authorization the right solution?
If you decide to stop paying child support without receiving authorization from a judge, know that you will be responsible for all the payments you have missed.
For example, if you are supposed to pay $600 a month in child support and haven't paid for 4 months, you will owe $2,400. Know that Revenu Québec is responsible for collecting child support payments.
Furthermore, if you fail to pay, Revenu Québec or the other parent of your child who benefits from the child support may seize certain assets that belong to you and sell them to recover the equivalent amount of child support. Finally, it is possible that the other parent may take legal action and you could be found guilty of contempt of court. The penalty for contempt of court can reach up to $10,000, community service, and even imprisonment if you still refuse to comply with the court order. In short, without a judge's decision, you cannot stop paying child support!
Want to cancel child support payments? Turn to JuriGo to find the right lawyer!
Have you decided to cancel child support payments and want to hire a lawyer to ensure that all the necessary information is included in the documents? JuriGo can help you find the right lawyer to guide you through the process!
A family law lawyer will be able to fill out the necessary legal documents for your request to cancel child support payments and advise you on the best course of action.
Fill out the free form now and JuriGo will find the ideal lawyer for your situation.