Child support agreement template Quebec

Child support agreement

Between: [First and last name of parent 1], [address], hereinafter “[Parent 1]”,

And: [First and last name of parent 2], [address], hereinafter “[Parent 2]”.

Child(ren): [First and last name], born on [date]; [First and last name], born on [date].

1. Custody and parenting time

The children live [mainly with ___ / in shared custody, alternating weeks / ___]. Parenting time of [Parent 1]: [__]%; of [Parent 2]: [__]%.

2. Income

Gross annual income of [Parent 1]: $[amount]. Gross annual income of [Parent 2]: $[amount]. (Proof exchanged: notices of assessment and tax returns for the year [___].)

3. Amount of support

Based on the Child Support Determination Form attached as a schedule, [Parent ___] pays [Parent ___] child support of $[amount] per month [or: $___ every two weeks], starting on [date].

[If the agreed amount differs from the guidelines: The parties agree on a different amount for the following reasons: ___. They understand that the court must check that this amount meets the children’s needs.]

4. Special expenses

The following expenses are shared in proportion to income ([__]% / [__]%), upon presentation of receipts: [childcare costs; post-secondary education costs; medical costs not covered; agreed extracurricular activities].

5. Indexation and review

Support is indexed on January 1 of each year according to the index provided for in the Civil Code of Québec. The parents exchange their tax returns each year before [June 30]. A significant change in circumstances may justify a review.

6. Payment method

Payments are made through Revenu Québec, as required by law, [unless the court grants an exemption from collection, in which case they are made by ___].

Signed in [city], on [date].

[Parent 1]: ______________________________    [Parent 2]: ______________________________

How is child support set in Quebec?

In Quebec, child support is calculated using the Regulation respecting the determination of child support payments and its determination form: it takes into account both parents’ income, the number of children and parenting time. The government offers an online calculator. For married parents, divorce falls under federal law, but the Quebec guidelines generally apply.

What you need to know

• An agreement between parents must be homologated (approved) by the court to be enforceable. The Homologation Assistance Service (SAH) lets parents who agree do this at reduced cost.
• The court checks that the support meets the children’s needs; an amount below the guidelines must be justified.
• As a rule, support is collected by Revenu Québec (support payment collection program), unless the court grants an exemption.
• Child support is neither taxable for the receiving parent nor deductible for the paying parent.
• The child support recalculation service (SARPA) can update the amount based on new income without going back before a judge.

Tips

• Use actual, up-to-date income and attach supporting documents.
• Describe special expenses in detail: they cause the most conflicts.
• Have the agreement reviewed by a lawyer or a mediator before signing it.

Frequently asked questions

Does child support stop at 18?

Not necessarily: an adult child who is studying full time and is not self-sufficient may still be entitled to it.

What about shared custody?

Support may still be payable if the parents’ incomes differ; the determination form takes this into account.

This template is provided for information purposes only and does not replace advice from a lawyer or a family mediator.