Demande de pension alimentaire (Québec)

A Quebec support claim (demande de pension alimentaire) is a formal legal document used to request financial support from a family member under the Civil Code of Quebec (C.c.Q.), specifically articles 585 to 596.1. This document establishes the basis for alimentary support, which is a fundamental obligation in Quebec civil law. The obligation of support exists between spouses, civil union partners, and parents and children in the direct line of first degree. Unlike many other Canadian provinces, Quebec has its own distinct civil law system derived from the French civil tradition, which means support obligations and their enforcement follow unique rules and procedures. A support claim typically includes detailed information about both the applicant (demandeur) and the respondent (défendeur), including their financial circumstances, employment situations, and living arrangements. For child support specifically, Quebec uses its own determination model established by the Regulation respecting the determination of child support payments, which calculates the basic parental contribution based on both parents gross incomes and the number of dependent children. The model also accounts for the type of custody arrangement, whether sole custody, shared custody, or split custody. This document serves as a formal record of the support request and can be used in mediation, negotiation, or as the foundation for a court application to the Superior Court of Quebec.

A Quebec support claim is needed in several family law situations governed by Quebec civil law. Parents who are separating or have separated need this document to formalize child support arrangements, regardless of whether they were married, in a civil union, or in a de facto (common-law) relationship. Since the obligation to support children exists independently of the parents relationship status under article 585 C.c.Q., any parent can use this form to request child support from the other parent. Spousal support claims are appropriate when married couples or civil union partners are separating or divorcing, as the obligation of support between spouses is established by law. It is important to note that in Quebec, de facto (common-law) partners generally do not have a right to spousal support, which differs significantly from other Canadian provinces. This document is also needed when existing support arrangements need to be modified due to a material change in circumstances, such as a significant change in income, a change in custody arrangements, the addition of special expenses, or changes in the children needs. The support claim provides a structured framework for presenting financial information and proposing fair support amounts based on the Quebec guidelines. It can serve as a starting point for family mediation sessions, which are encouraged by the Quebec Code of Civil Procedure, or as supporting documentation for a formal court application.

The key elements of a Quebec support claim include several critical components mandated by Quebec civil law. First, complete identification of both parties is essential, including full legal names, addresses, dates of birth, and contact information. Second, the relationship history must be documented, specifying whether the parties are married, in a civil union, in a de facto union, or divorced, along with the dates of the union and separation. Third, detailed children information is required for child support claims, including each child full name, date of birth, and the current custody arrangement. Fourth, comprehensive income disclosure from both parties is fundamental to the calculation, including gross annual income, sources of income, and supporting documentation. Fifth, the proposed monthly support amount must be specified along with the calculation basis, following the Quebec child support guidelines tables. Sixth, special expenses under article 587.1 C.c.Q. should be itemized if applicable, including childcare, medical, dental, educational, and extracurricular costs, with a proposed sharing arrangement typically based on proportional income. Seventh, the document must include a good faith declaration pursuant to article 1375 C.c.Q., affirming that all information provided is truthful and complete. Finally, the governing law clause must reference the applicable provisions of the Code civil du Quebec and the Regulation respecting the determination of child support payments, confirming that the claim is subject to Quebec jurisdiction and the competent courts of the Province of Quebec.