Exemption from Remitting Support Payments to Revenu Québec
The court may exempt a debtor of support (This link will open a new window) from the obligation to remit support payments to us. In such a case, the debtor pays support directly to the creditor of support (This link will open a new window).
You can apply for an exemption even if we have already started collecting support.
The creditor and debtor must jointly agree that support be paid without Revenu Québec acting as intermediary. To that end, they must present a joint application for exemption to the court. The court must be satisfied that both parties have given free and informed consent.
A debtor who has been exempted from remitting support payments to us must provide and maintain security for the duration of the exemption. Security is a guarantee of payment usually provided as a sum of money. It can also be a suretyship or a letter of guarantee issued by a financial institution.
The security provided must be sufficient to guarantee support payments for one month. The debtor has 30 days from the date on which the judgment is rendered to provide the security.
If security is provided as cash, we pay the debtor interest on the amount at the rate set by law.
Payment by trust
A debtor can also establish a trust to guarantee the payment of support. The trust must contain sufficient funds to cover support payments for the duration of the support obligation. If the debtor establishes a trust, he or she does not need the consent of the creditor to be exempted and is not required to provide security.
Return of security once the support obligation ends
If the debtor is no longer required to pay support and any arrears and fees owing have been paid, we will return any unused amount of security to him or her.
If the debtor's obligation of support ends as the result of an agreement with the creditor, the debtor must have the court confirm the agreement. We will return the security to the debtor after receiving the judgment.
Return of security further to a request by the debtor
We must return the security to the debtor at his or her request, provided the following conditions are met:
- The debtor has been exempted from the obligation to remit support payments to us for at least two years.
- No arrears or fees are owing as at the date of the request.
- The creditor consents to the security being returned.
The creditor can notify us of his or her consent by sending us a duly completed copy of form PPA-70-V, Consent to Have Security Returned to the Debtor: Exemption.
The return of security under such conditions does not affect the support judgment; the creditor retains the right to notify us of any failure by the debtor to make a support payment.