Contesting a Situation
As a creditor or a debtor of support, you can contest a decision we made by filing:
- a notice of contestation;
- an appeal with the Superior Court;
- a complaint.
You can only file a notice of contestation respecting:
- a demand for payment;
- a notice informing you that we will modify the means by which support payments are collected.
Follow the steps below to file a notice of contestation:
- Pay the amount due within ten days of receiving a demand for payment (unless a judge rules otherwise), even if you are going to contest the demand for payment.
- Complete form PPA-120-V, Notice of Contestation (Act to facilitate the payment of support), and give all relevant facts and reasons relating to your objection.
- Send form PPA-120-V by registered mail to the address given in the form within 20 days of receiving the demand for payment in question.
Only a court can modify the terms of a judgment.
Consequently, we do not have the authority to:
- change the amount of the support payment you are required to pay or reimburse; or
- reduce the amount of arrears you owe, even if you prove to us that you are financially incapable of paying.
However, we can correct amounts of arrears or security that have been miscalculated. We can also modify the amount payable if it results from the incorrect application of a judgment or if we are provided with proof of payment made to the creditor of support.
The Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) assists parents who want to have support payments for a child under 18 recalculated out of court. Please note that this administrative service cannot modify the terms of a judgment.
Contact SARPA for information about the eligibility requirements.
Within 30 days of receiving a decision, you can lodge an appeal with the Superior Court if you are a debtor of support and:
- you are unsatisfied with the decision we made further to examining the reasons for the contestation;
- you do not agree to let us collect the support payments because you believe that you are not subject to the Act to facilitate the payment of support; or
- you disagree with our decision to end the exemption.
We recommend that you consult a legal adviser for more information on lodging an appeal with the Superior Court.
You can file a complaint with the Bureau de la protection des droits de la clientèle if:
- you are not satisfied with how your file was handled by the person responsible for your file or that person's superior;
- you are not satisfied with the steps we took regarding your file; or
- you do not feel that your case was given the required attention.