Debtor or Creditor of Support Who Has Left Québec
Debtor no longer residing in Québec
If a debtor no longer resident in Québec continues to make regular support payments, there is no default of payment. Consequently, the previously established method of making support payments can continue, as long as the debtor accepts to make support payments directly to the creditor.
A debtor moves from Québec to Florida. In this case, we can continue to receive support payments from the debtor and pay them to the creditor. The debtor can also choose to make the support payments directly to the creditor, as long as the creditor agrees to this arrangement and there are no payments overdue.
Creditor no longer residing in Québec
When a creditor no longer resides in Québec, the debtor must continue to make support payments to us. The debtor remains subject to the Act to facilitate the payment of support since he or she still lives in Québec. Therefore, we will continue to collect the support payments and pay them to the creditor, regardless of where he or she resides.
If a debtor residing in Québec wishes to make support payments directly to a creditor who does not reside in Québec, the debtor must obtain the creditor's consent and apply for an exemption from the obligation to make support payments through us.
Debtor no longer residing in Québec
Where a debtor who no longer resides in Québec fails to regularly make support payments to us, there is default in payment. Consequently, the procedure for the reciprocal enforcement of support judgments may be initiated. This procedure makes it possible for Québec judgments to be enforced in certain jurisdictions designated by the Québec government, as though they had been rendered by the competent courts of those jurisdictions.
The jurisdictions currently designated by the Québec government under the Act respecting reciprocal enforcement of maintenance orders are the provinces and territories of Canada, and 10 U.S. states—California, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Pennsylvania and Vermont.
If the following three conditions are met, we will take the necessary steps to have a judgment enforced in the jurisdiction where the debtor resides:
- The support payments owing to the creditor under a judgment that is enforceable in Québec are not being paid regularly by the debtor.
- We have exhausted all available recourses against the debtor's seizable assets in Québec and the result thereof is insufficient to pay the support in full.
- The debtor resides in a jurisdiction designated by the Québec government.
The debtor and the creditor are living in Québec when their judgment is rendered. Later, the debtor moves to Ontario and stops fulfilling his obligations towards the creditor. In addition, the result of the recourses taken against the debtor is insufficient to ensure full payment of the support. We therefore send the judgment to Ontario so that the necessary steps to collect the support may be taken there. Note that the Act to facilitate the payment of support does not apply outside Québec.
If the debtor settles in a jurisdiction that is not designated by the Québec government, we generally have no recourse, unless the debtor still has seizable property in Québec. In such a situation, the creditor may contact legal counsel to assess the possibility of having the Québec judgment recognized and enforced in that other jurisdiction. However, the creditor would have to pay any costs associated with the legal proceeding.
Judgment rendered in a designated jurisdiction
A support judgment rendered in a designated jurisdiction under the law applicable therein and deposited or registered in Québec is treated as though it were a judgment rendered by a competent court in Québec. Revenu Québec can then collect the support payments.
The debtor and the creditor are residing in Ontario when their judgment is rendered. Later, the debtor moves to Québec. Because the obligations towards the creditor are not being fulfilled by the debtor, the Ontario government sends the judgment to Québec so that it may be deposited or registered in Québec according to the applicable law. We then take the necessary steps to collect the support payments.
We cannot provide advance support payments to the creditor if the debtor is resident outside Québec.
In this situation, we can only provide the creditor with amounts that we have actually received from the debtor.
When support payments must be collected from a debtor living outside Québec, it generally takes longer for the creditor to receive the amounts than it would if both the creditor and debtor were Québec residents. The process is slowed because several people and organizations must be involved.
However, the various government departments work with the authorities in the designated jurisdiction to ensure faster processing of such files.
The Ministère de la Justice
- is responsible for applying the Act respecting reciprocal enforcement of maintenance orders;
- provides designated jurisdictions with the documents they need to enforce Québec judgments;
- receives, from the designated jurisdictions, the documents needed to enforce judgments handed down in those jurisdictions.
A creditor subject to the Act to facilitate the payment of support has no steps to take in this regard, as the necessary formalities with the Ministère de la Justice are taken care of by Revenu Québec.