Exemption from Remitting Support Payments to Revenu Québec
The court may exempt a debtor (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 (This link will open a new window).
In order for such an exemption to be granted, the creditor and debtor must agree and jointly apply to the court. The court must be satisfied that both parties have given free and enlightened consent.
You may apply for an exemption even if we have already started collecting support.
A debtor who has been exempted from remitting support payments to us must provide and maintain security. The security guarantees payment of support for one month. The debtor has 30 days from the day on which the judgment is rendered to provide the security.
Return of security further to a judgment
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
Section 34 of the Act to Facilitate the Payment of Support was amended on June 15, 2012. As a result, we must, at the debtor’s request, return the security he or she provided, so long as the following conditions are met:
- The debtor has been exempted from the obligation to remit support payments to Revenu Québec 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 filing a duly completed copy of form PPA-70-V, Consent to Have Security Returned to the Debtor: Exemption.
Note that the return of security under such conditions does not affect the support judgment; the creditor retains the right to notify us of any failure on the part of the debtor to make a support payment.