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.

Requirements

Mutual consent

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.

Providing security

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.

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