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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
August - September
 7
HAS or SARPA, which applies to me?This hypelink opens a PDF file in a new window.
Homologation assistance service (HAS)

The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where the parties have previously obtained a judgment with respect to child support alone or child and spousal support.


Parties need not be financially eligible for legal aid in order to use the HAS. The service is offered to everyone at a fixed price of $628 of which each party pays half. Individuals who are financially eligible for gratuitous legal aid are not required to pay anything and those eligible under the contributory scheme pay the lesser of the contribution calculated in accordance with the Regulation respecting legal aid or the cost of the HAS. 


The parties must choose a lawyer (either a lawyer who is a legal aid staff member or a lawyerin private practice) to draft the agreement. The agreement is then mailed to the office of the court. The agreement is subsequently homologated by the special clerk and, as a result, becomes a judgment of the Superior Court and is then executory. The parties' lawyer sends each of them a copy of the judgment.


For more information, you can consult the following link : www.csj.qc.ca


Quebec's child support recalculation service (SARPA)


The Child Support Recalculation Administrative Service (SARPA) officially known as the Service administratif de rajustement des pensions alimentaires pour enfants is a purely administrative service that allows parents to adjust child support payments for a minor child who has already been adjudicated, without re-appear at a court. The "Commission des services juridiques" (CSJ) is responsible for the administration of this service. 


Since July, 3rd 2020, the only fees payable for an application are 50 $, payable to SARPA in a single instalment. However, parents who file a joint application divide the cost equally. Persons who are financially eligible for legal aid under the free component are exempt from payment of fees. 


The adjustment request may be submitted to the SARPA by either parent or by only one parent. It refers only to support adjustment situations that do not require judicial review. 


Before applying to the SARPA, parents can fill out the interactive questionnaire available at www.sarpaquebec.ca to check their eligibility for the service. Once this questionnaire has been completed, they will be able to access the SARPA application form.


Some eligibility criteria were revised in 2020 to expand the scope of the service, we invite you to consult the Minister of Justice’s press release to learn more.(Press release in french only)




Legal brief *
August - September  2021
Number  7
Text prepared by   CSJ
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.
June - July
 6
Nicole and Raymond own a family home and have money in their bank account. Are they financially eligible for legal aid?This hypelink opens a PDF file in a new window.
Nicole and Raymond have been living together for over a year. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $40,100. They have no children. They own a family home worth $110,000, which is fully paid off. They have $6,000 in more
May
 5
Moving and the New Divorce ActThis hypelink opens a PDF file in a new window.
The new Divorce Act (hereinafter the “Act”), which came into force on March 1, 2021, governs moves by separated persons with parenting time or decision-making responsibilities in respect of a child of the marriage. There are two regimes that distinguish between a change in the place of residenc more
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 more
 
© Commission des services juridiques Création: Diane Laurin - 2017