43. Where the recipient of a benefit, or a member of the recipient’s family, is the creditor of support, the recipient must inform the Minister, in the manner prescribed by regulation, of any judicial proceeding in respect of the obligation of support at least five days before the date of presentation of the application relating to such proceeding.
The recipient must, however, inform the Minister of the content of an agreement in respect of the obligation of support at least 10 days before its presentation to the court. As well, in the case of a joint procedure for the dissolution of a civil union, the recipient must so inform the Minister at least 10 days before the date on which the agreement is to be executed before a notary.
An agreement between the parties concerning the fixing or variation of support payments has no effect against the Minister.
In any proceeding for the fixation or variation of support payments, the court may, of its own motion, implead the Minister, or the Minister may ex officio and without notice intervene at any time and take part in the proof and hearing.
1998, c. 36, s. 43; 2002, c. 6, s. 211.