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Legal Information/ Legal Briefs

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.


 


Legal Briefs 2021

  Month
Number
Legal brief
April
 4
Buying a Vehicle and Third Chance Credit This hypelink opens a PDF file in a new window.
You’ve been unlucky and you have bad credit. You’ve just declared bankruptcy and are unable to find financing. In these situations, it can be tempting to go to a car dealership offering a second or even third chance at credit, especially since their advertising indicates that no one is refused!
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more
March
 3
How Can I Intervene in the Case of a Child Who is Dear to Me When a Hearing in the Youth Division is Scheduled? This hypelink opens a PDF file in a new window.
First of all, you should know that a child’s file in the Court of Québec – Youth Division is highly confidential. You cannot consult it or obtain information unless you are a party to the case.

Only the child, the child’s father (legally recognized), the child’s mother and the repre
more
February
 2
The Right to Remain SilentThis hypelink opens a PDF file in a new window.
The presumption of innocence: It’s a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proven otherwise, that is, until the person themselves admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonab more
January
 1
How is Child or Spousal Support Paid?This hypelink opens a PDF file in a new window.
Henriette and Léopaul have three children. After living together for 12 years, they split up. Following a few mediation sessions, both parents agree that Léopaul will have sole custody of the three children since Henriette has a job that requires her to travel out of town for varying periods of time. Consequently, she will have access to the children when she is in town.


As provided for in their judgment, Henriette must pay child support to Léopaul for their three children. But how will this support be payable?


The Act to facilitate the payment of support provides that the debtor of support (the payer) must make the support payments, including arrears, if any, to the Minister of Revenue for the benefit of the creditor of support (the recipient).


Practically speaking, as soon as the judgment is received, the clerk of the court sends the Minister the relevant information so that a Revenu Québec agent can contact the creditor and the debtor to set up the collection procedure. Support payments are collected by means of a deduction at source (e.g., salary) or by means of a payment order (e.g., bank transfer or direct debit) or both.


As a general rule, support payments will be deducted directly from the debtor's salary and paid directly into the creditor's bank account on the 1st and 16th of each month.


The Act to facilitate the payment of support provides for the possibility of being exempted from the automatic collection of support payments, where both parties consent and a judgment is rendered to that effect. In such a case, the debtor of support will have to provide Revenu Québec with sufficient security to guarantee support payments for one month. Subsequently, if the debtor of support fails to make a support payment on the due date, the creditor may contact the Revenu Québec agent to advise the agent of this default and request that automatic collection be implemented.


Please note that a person who wishes to change support payments established in a judgment will have no choice but to obtain a new judgment by instituting proceedings in the Superior Court to change the support payments. It is also possible, under certain conditions, to obtain a change in support payments through the Homologation Assistance Service (HAS) or through the Service administratif de rajustement des pensions alimentaires pour enfants (SARPA), a child support recalculation service. 


If you have any questions regarding support payments, do not hesitate to consult one of our lawyers or the Revenu Québec website at the following link:

https://www.revenuquebec.ca/en/support-payments/.
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To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca.


Legal brief *
January  2021
Number  1
Text prepared by   Me Jessica Boucher-Tremblay
Update by   CSJ
* 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.
 
© Commission des services juridiques Création: Diane Laurin - 2017