Cancelling the support consent without a judgement, at your own risk!

Did you know that if you had a judgment ordering the payment of support, another judgment can only end this obligation?

Indeed, although you may agree with your former spouse on the cancellation of support, whether it’s between each other or through a family mediation session, you must know that it is always possible for that person to seek the enforcement of the judgment in order to recover the support. Moreover, it should be noted that the collector of support detains no power to cancel the said support. In general, when Revenu Québec receives the information to the effect that the support hasn’t been paid by the debtor, they will take it retroactively according to the date when the last payment should have taken place. For example, if you agreed with your ex-spouse in January 2014 to stop the payment of support, hundreds or thousands of dollars in support arrears could be reclaimed from you retroactively to January 2014.

It can be very dangerous to rely solely on the good faith and the good will of the other party. Therefore, the only way to ensure that everything is in order is to obtain a judgment regarding the cancellation of support.

To minimize the costs of procedures when there is an agreement between the parties, the Government of Québec has established the Homologation Assistant Service known as SAH. Whatever the cause, the Homologation Assistant Service is intended for parties that have agreed on all the terms regarding the changes to custody, right of access, child support or the spousal support. However, the parties must have already obtained a judgment relating to the support or the custody in the past to benefit from this service. The cost of this date for this service is $ 550 or $ 400 in fees and $ 150 for the judicial stamp payable half for each of ineligible persons to legal aid. So even if you do not qualify for legal aid, you can benefit from this program.

Is this situation similar to yours? Do not hesitate to contact us for more information in this regard.

Text written by Me Roxane Trudel-Pigeon / Translated by Andrey Leshyner