Robert Brankin, Avocat / Lawyer

www.child-support-montreal.com

Tel: (438) 558-1040

Email: avocat@robertbrankin.com

Modification

The judgments in family matters, especially the ones on the issues of child custody, access rights and child support, can be reviewed upon request of one or of both parents if significant changes have occurred since the last judgment on those issues.

The most frequently alleged significant changes in order to modify the child support are the following:

1) The income of one or of both parents have changed, increased or decreased, in a significant way;

2) The children spend a different percentage of time with their parents;

3) The children are attending courses and/or activities that involves extra special expenses;

4) The children have some income of their own (as an example they work part time during their studies);

In those cases the child support can be modified by the Court, the Court can increase or decrease the child support depending of the circumstances of each case.

As an example, if the income of the non-custodial parent has increased in a significant way and the income of the other parent, the custodial parent, hasn't changed, then the the child support payable by the non-custodial parent will be increased.

If the children are spending more time with the non-custodial parent and the income of that parent hasn't changed since the last judgment, then this parent can request from the Court that the child support he is paying be reduced because of the more prolonged access rights he is having with the children. The logic behind that is that the more time the children spend with a parent, the more it costs to that parent to support them.

If the children have an income of their own, but they still live with their parents and this income is insufficient for them to be completely financially autonomous, then the non-custodial parent has the right to request that the child support that parent is paying be diminished. As a general rule the Court will diminish the child support to the equivalent of one third (1/3) of the income of the child. As an example, if the parent is paying annual child support of 6,000.00 $ and the child is having an annual income of         3,000.00 $ , then the Court will diminish the child support by an amount of 1,000.00 $ (one third of the    3,000.00 $ earned by the child) and the non-custodial parent will start paying 5,000.00 $ (6,000.00 $ minus 1,000.00 $) instead of 6,000.00 $.

The modification of the child support is not automatic, even if you inform Revenue Quebec or the other parent, it takes a new judgment from the Court.

Me Brankin can assist you in evaluating with you if the changes in your situation since the last judgment are worth it to address the Court with an application for modification of the child support and if this is the case, Me Brankin can prepare this application for you, file it with the Court and represent you in the legal proceedings. If both parents agree to the modification, then Me Brankin can be common attorney for both parties within a joint application for modification of the child support.

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