How to Apply for the Exemption

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You have undertaken (or are about to start) divorce or separation proceedings, or formalities for the determination of child support

The application for exemption concerning the obligation of the debtor of support to remit support to Revenu Québec is submitted in the course of these proceedings or formalities.

First, inform your legal adviser that you and your former spouse wish to obtain an exemption. Your legal adviser will then file your application with the court.

If you have no legal adviser, indicate clearly, in the documents that are being drawn up for the proceedings, that you and your former spouse consent to an exemption.

In the case of de facto spouses, the application must be made in the course of the formalities for the determination of child support.

If your application is accepted, the exemption will be taken into account in the judgment.

Your support payments have already been determined under a judgment

If your support payments have already been determined under a judgment, you can file a joint application for exemption with the special clerk of the Superior Court, at the courthouse of the district in which your judgment was rendered, or the district in which you or your former spouse lives.

If your file is complete, the application will be approved by the special clerk upon examination of the file. In such situations, a hearing before a judge is not necessary.

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