What are the steps to modify the spousal support obligation in Quebec?
In Quebec, spousal support (also known as alimony or pension alimentaire pour conjoint) may be modified if there is a significant change in the circumstances of either ex-spouse. These modifications are subject to court approval, and the party seeking the change must demonstrate that the current order is no longer fair or realistic. Below are the key steps to request a modification of spousal support in Quebec.
Steps
- Identify a material change in circumstances
This may be, for example, a loss of employment, retirement, serious illness, newborn children, or a significant change in income for either party. - Gather supporting documents
Collect all relevant financial documents (tax returns, pay stubs, medical records, evidence of unemployment, etc.) to prove the change. - Attempt negotiation or mediation
Before going to court, try to reach a mutual agreement with the former spouse through direct negotiation or family mediation. - File a motion with the court
If no agreement is reached, prepare and file an application to modify the spousal support order at the courthouse where the original judgment was issued. - Serve the documents to the other party
Ensure the ex-spouse is officially notified through proper service of the application and accompanying documents. - Attend the court hearing
Both parties will present their evidence and arguments. The judge will evaluate whether the change justifies modifying the support. - Obtain the judgment
The court will issue a new judgment confirming, modifying, or terminating the spousal support obligation based on the presented evidence.
Modifying a spousal support obligation in Quebec is a structured legal process that requires clear justification and strong evidence. It is highly advisable to consult with a family lawyer to assess your situation and ensure that your request is appropriately prepared and presented to the court.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
