The Homologation Assistance Service (HAS) and the Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) [child support recalculation service] can help you recalculate or modify child support payments already decided by a tribunal.
You have already obtained a judgement with respect to custody or support of a child or spouse but you and your spouse (or ex-spouse) decide together to have it modified?
You may then ask the HAS to help you to conjointly modify the judgement.
The HAS is for people who live in Quebec and who agree to modify a judgement concerning custody, visitation, or support for a child, spouse, or ex-spouse.
You do not have to be financially admissible for legal aid to benefit from the HAS. The service is offered to the entire population. Nevertheless, your eligibility for financial aid will determine whether or not you must pay for this service.
If you are not eligible for legal aid, you can use this service for the sum of $633 ($470 in professional fees and $163 in judicial fees). Half of this amount is paid by each party.
If you are eligible for free legal aid then this service is available at no cost. If you are eligible under the contributory provision, your contribution will be calculated in accordance with the Règlement sur l’aide juridique and will not exceed $316.50.
First the parties must choose a lawyer (a permanent legal aid lawyer or a lawyer in private practice) to draft the joint agreement. The agreement is then sent by mail to the court for homologation by a special clerk. The agreement becomes a judgement of the Superior Court.
The judgement is executory which means that it takes effect and must be respected as all other judgements made by the Court.
A copy of the judgement is then sent to both parties by their lawyer. The court clerk sends a copy to Revenu Quebec if the judgement concerns financial support.
This is a service that we offer at some of our service points.
Make an appointment. Call us at 514-864-2111 to meet one of our lawyers.
Since April 1, 2014, the Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) [child support recalculation service] has allowed parents to have the amount of support for minor children recalculated through an administrative process.
For more information, please call 1-855-LeSARPA (1-855-537-2772). In Montreal, please call 514-873-3563, or consult SARPA’s website.
We also offer an accompaniment service at some of our service points.
Make an appointment at 514-864-2111.