There might be two situations affecting the way child support is calculated by Quebec Courts. It depends on where the parents live. Quebec Courts set child support amounts according to provincial guidelines if the family resides in Quebec, and according to federal guidelines if one parent is abroad or in a different province.
The amounts calculated according to provincial or federal guidelines represent the bare minimum, and the parties are free to agree to different amounts exceeding the guidelines. But they cannot go below the level set. Those guidelines take into account particularly the parents’ annual income, custody and access arrangements.
Within a similar framework, the amounts of child support calculated by Quebec guidelines are usually a bit higher than those calculated by federal guidelines, but the results are quite close to one another nevertheless.
If divorce happened in Quebec, parents would assume additional expenses related to, for example, private school or tutoring, daycare, orthodontics and similar out-of-pocket costs, when they appear. These expenses are not meant to be included into the guidelines, so the parents normally should agree on them each time. Normally, there should be an agreement between the parents before they start to bear those expenses. Parents exchange their bills and invoices to prove those expenses.
The Courts would set an applicable proportion regulating the way those expenses are divided between the parents. Usually a divorce judgement specifies the parties’ shares in those additional expenses, not a factual amount, as it will clearly change with time. For example, if the parents once agree to send their children to a tourist trip or a private skiing course, the expenses for this trip or course would be shared in proportion approved by the Court.
Finally, child support arrangements, as approved by the Court, could be later modified by another judgement, if there is a significant change in circumstances: for example one of the adolescent children suddenly decides to live with another parent, or one parent’s income drops drastically due to some tragic incident, or one parent suddenly started to earn much more money.
Also, if some time after the judgement it would be revealed that the real income of one of the parents was different from the one declared before the Court, this could lead to retroactive modification of the child support amounts (to the effect that one of the parents would have to pay the difference).
Allen Madelin law firm has particular expertise in family law. We offer first consultation in person or via phone or videoconference for as low as $125. Don’t hesitate to ask your questions and make an appointment at 514-904-4017 or by email: [email protected]
