Legal Aid/ Frequently Asked Questions
Homologation - Frequently asked questions
These frequently asked questions are intended to provide additional information regarding the Homologation Assistance Service (HAS)
Our son, who is of the age of majority and lives in an apartment, found a job after completing his studies. Can we use the HAS to terminate the support payable for him?
Yes, insofar as the support is payable to a person who was one of the parties to the most recent judgment (the mother or the son himself) and on condition your son is now in a position to provide for himself. If your son, who is of the age of majority, is not a party to the procedures, it is preferable that he also sign the agreement.
I am self-employed and recently lost a lot of contracts and, as a result, my income has decreased significantly. My ex-wife has agreed to reduce the support payable for our children in order to take into account the significant reduction in my income. Are we eligible for the HAS?
Yes, insofar as the new support payments are calculated in accordance with the Child support determination form and you can prove that your income did, in fact, decrease.
My ex-husband and I have agreed that I will no longer pay support for the children because I no longer wish to see them. Can we use the HAS to terminate the support payments?
No, unless your income has decreased to an extent that justifies termination of the support payments. Your agreement must be made in the interests of your children, and it is not in their interest to no longer receive your financial support. The special clerk will not agree to homologate an agreement to terminate the support payable for your children if the termination is not justified by reduced income or no income.
We have shared custody of our children, but I am moving to another city. We would like to agree on sole custody with extended access during the holidays. We will obviously adjust the support payments accordingly. Are we eligible for the HAS?
I receive support payments from my ex-wife for myself and for the children, who are in my sole custody. My ex-wife received a major promotion and would like to modify her rights of access while increasing the support payable for the children. We have also agreed to reduce the support payable for me. Can we use the HAS to modify the rights of access , the support payable for the children and the support payable for me?
Yes. In this situation, it is possible to modify the support payable for the spouse, because the support payable for the children is being modified at the same time (s. 4.7 (1.1) of An Act respecting legal aid and the provision of certain other legal services).
I am receiving support payments for myself. These payments were established in our divorce judgment. We would like to decrease the amount of the support. Are we eligible for the HAS?
No. Your judgment does not provide for any child support.
I receive last resort financial assistance (“social assistance”) and have sole custody of my daughter. Under the most recent judgment, support is payable for my daughter. The father of my daughter stopped making the support payments one year ago. We have agreed that he will now have sole custody. Therefore, he will no longer be required to pay support. I have agreed to cancel the accumulated arrears. Are we eligible for the HAS?
You are eligible for the HAS, but your file has certain unique characteristics. Given that you receive “social assistance”, you cannot cancel the accumulated arrears of support without obtaining the approval of the Ministère du Travail, de l'Emploi et de la Solidarité sociale (MTESS). You will have to discuss all of this with the lawyer with whom you will meet.
