A-2.02, r. 1 - Regulation respecting the application of the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants

Full text
3. An application for the recalculation of child support may be made to SARPA provided that
(1)  the child support is payable for a minor child;
(2)  the child support was granted by way of a judgment;
(3)  the child support was determined pursuant to the guidelines applicable in Québec under the Order Designating the Province of Quebec for the Purposes of the Definition “applicable guidelines” in Subsection 2(1) of the Divorce Act (SOR/97-237);
(4)  the child support has not been increased or reduced by a court pursuant to article 587.2 of the Civil Code to take account of the value of either parent’s assets or the extent of the resources available to the child, or to take account of the hardship that the payment of support would entail for either parent;
(5)  the child’s parents ordinarily reside in Québec;
(6)  the disposable income of the child’s parents does not exceed $200,000;
(7)  the income of either of the child’s parents has not been established by the court pursuant to article 446 of the Code of Civil Procedure (chapter C-25.01);
(8)  the annual income of either of the child’s parents is not below the annual income taken into account to determine the child support to be recalculated because of maternity or paternity leave, adoption leave, sabbatical leave, leave without pay, leave with deferred pay, an alternative work schedule, a resumption of studies, retirement, a change of career, or a voluntary relinquishment of employment occurring since the last judgment determining child support or, if more recent, since the last recalculation;
(9)  an agreement has been reached or, when the application is made by only one of the child’s parents, will be reached between the parents in the cases and in accordance with the procedure set out in this Regulation;
(10)  no pending case between the parties could have an impact on the child support; and
(11)  no judgment has suspended the payment of child support.
O.C. 146-2014, s. 3; I.N. 2016-01-01 (NCCP).
3. An application for the recalculation of child support may be made to SARPA provided that
(1)  the child support is payable for a minor child;
(2)  the child support was granted by way of a judgment;
(3)  the child support was determined pursuant to the guidelines applicable in Québec under the Order Designating the Province of Quebec for the Purposes of the Definition “applicable guidelines” in Subsection 2(1) of the Divorce Act (SOR/97-237);
(4)  the child support has not been increased or reduced by a court pursuant to article 587.2 of the Civil Code to take account of the value of either parent’s assets or the extent of the resources available to the child, or to take account of the hardship that the payment of support would entail for either parent;
(5)  the child’s parents ordinarily reside in Québec;
(6)  the disposable income of the child’s parents does not exceed $200,000;
(7)  the income of either of the child’s parents has not been established by the court pursuant to article 825.12 of the Code of Civil Procedure (chapter C-25);
(8)  the annual income of either of the child’s parents is not below the annual income taken into account to determine the child support to be recalculated because of maternity or paternity leave, adoption leave, sabbatical leave, leave without pay, leave with deferred pay, an alternative work schedule, a resumption of studies, retirement, a change of career, or a voluntary relinquishment of employment occurring since the last judgment determining child support or, if more recent, since the last recalculation;
(9)  an agreement has been reached or, when the application is made by only one of the child’s parents, will be reached between the parents in the cases and in accordance with the procedure set out in this Regulation;
(10)  no pending case between the parties could have an impact on the child support; and
(11)  no judgment has suspended the payment of child support.
O.C. 146-2014, s. 3.