Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.

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Legal Briefs 2017

  Month

Number

Legal brief

December

 09

Coming soon

November

 08

Shared custody, so no support to pay?

Raphaël and Maude lived together without being married and a child, Alice, was born from their relationship. When Alice was only 3 years old, her parents separated. Raphaël moved not far from the daycare and, after some discussion, the parents agreed to share custody of Alice equally. Maude agreed to pay support to Raphaël to help him out, because he earned less income than she did. 


Four months later, a friend informed Maude that in cases of shared custody, no support needs to be paid. She therefore stopped making payments. Raphaël then went to the legal aid office nearest his home and consulted a lawyer who explained certain principles: 


• Support is a personal right that belongs to the child. The custodial parent or the person to whom custody is delegated may apply for support for the benefit of the child;¹

• Generally, a parent cannot refuse support for the benefit of a child in his or her custody;²

• The support for Alice will be established in accordance with the Regulation respecting the determination of child support payments (hereinafter the “Regulation”), which applies to all applications concerning the obligation of support owed by parents to their minor child.³ It establishes a minimum contribution based on the custody time, the number of children involved and the parents’ disposable income. 


In Alice’s case, support must be established, even if there is shared custody, because the parents’ income is not identical. The lawyer also explained the following: 

• The support covers the child’s basic needs: food, accommodation, communications, housekeeping, personal care, clothing, furniture, transportation and leisure activities;⁴

• The support established in accordance with the Regulation is presumed to match the child’s needs, but it may be adjusted to reflect certain special expenses required by the child’s situation.⁵


Now that the parents have been properly informed about the rules for determining support, they arrive at an amicable agreement that is confirmed by the court and provides for support  payable to Raphaël for Alice’s needs. 


Each situation is different; consulting a lawyer will allow you to find the best possible solution. We therefore invite you to go to the legal aid office closest to your home. 

--------------------------------------------- 

¹ Droit de la famille – 152871, 2015 QCCS 5345 ² Droit de la famille - 2934, (C.S., 1998-01-30) ³ Section 1 of the Regulation respecting the determination of child support payments, CQLR c C-25.01, r 0.4, <http://canlii.ca/t/52w4t> consulted on 2016-05-24 ⁴ Droit de la famille - 152464, 2015 QCCS 4567 ⁵ Articles 587.1 and 587.2 of the Civil Code of Québec, CQLR c CCQ-1991, <http://canlii.ca/t/52l01> consulted on 2016-05-24 

Legal brief *
November  2017
Number  08
Text prepared by   Me Charles Lavallée
 
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.

October

 07

Police Chases (What You Need to Know)

At the beginning of the year 2000, section 249.1 was added to the Criminal Code, creating the offence of fleeing a police chase while driving a motor vehicle. 

The following are the elements that make up this offence: 

• The accused must be driving a motor vehicle;  more

August-September

 06

What is a quarrelsome litigant?

Jeanne is the mother of a three-year-old girl, Amélie. She decides to consult a legal aid lawyer in order to get a judgment granting her custody of her minor child and fixing rights of access for the father, given that he exercises his rights of access very sporadically. 


George, the more

June-July

 05

Are childcare expenses taken into consideration in determining financial eligibility for legal aid?

Isabelle, a victim of abuse who has one child, is accused of murdering her former spouse. Isabelle works as a nurse’s aide in a hospital at an annual salary of $27,000. She does not own any real estate and has no savings. However, she has to pay $1,250 in annual childcare expenses for more

April-May

 04

Youth Criminal Justice Act and Extrajudicial Sanctions

Ethan, who is 12 years old, is visiting his cousins with his parents. While his parents are playing cards with his uncles and aunts, Ethan takes the opportunity to play various games in the basement with his two cousins, Sam and William, who are 6 and 8 years old, respectively. After more

March

 03

Georges owns a house and has money in his bank account. Is he financially eligible for legal aid?

George is married to Theresa and they have four minor children. George works as a part-time employee for a transportation company. Theresa is a teacher and also works part-time. They have a combined annual gross income of $35,000. George and Theresa own their family residence, which has a value of $ more

February

 02

« You can't search me! » really ?

Contrary to what many people believe, in certain circumstances, school staff can search a student or his personal belongings (such as his knapsack or locker). There are two main reasons for this. First, a school has the obligation and responsibility to protect the students who attend the school, so more

January

 01

Am I liable for my pet

In principle, yes. In Québec, it is the Civil Code that deals with harm caused by a pet’s actions. The article of the Civil Code is very clear to that effect and the rules for pet owners are strict.


Whether the situation involves an injury, such as a bite, or other damage ca more