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Report of the Follow-Up Committee on the Quebec Model for the Determination of Child Support Payments

July 2004

LIST OF TABLED DOCUMENTS

1. LEGISLATION

Brief to Cabinet
Subject: An Act to amend the Civil Code of Québec and the Code of Civil Procedure as regards the determination of child support payments (tabled June 16, 1998)
Bill 68 “An Act to amend the Civil Code of Québec and the Code of Civil Procedure as regards the determination of child support payments” (tabled June 16, 1998)
Regulation respecting the determination of child support payments (tabled June 16, 1998)
Form “Sworn Statement Under Article 827.5 of the Code of Civil Procedure” (tabled December 9, 1998)

2. DOCUMENTS CONNECTED WITH THE COMMITTEE

Press release “Justice Minister Ménard sets up two Follow-up Committees for family matters” (tabled June 16, 1998)
List of members of the Follow-up Committee on the Quebec Model for the Determination of Child Support Payments (tabled June 16, 1998)
Proposal concerning the setting up of a follow-up committee on the Quebec model for the determination of child support payments (tabled June 16, 1998)
S.O.Q.U.I.J.—Letter dated September 11, 1998, from Micheline Montpetit, Director of Legal Information, entitled “Autorisation à reproduire des résumés tirés de Jurisprudence Express” [authorization to reproduce summaries taken from Jurisprudence Express] (dated September 16, 1998)
Commitment to maintaining confidentiality (tabled September 16, 1998)
Mandate, objectives and basic principles—Version of January 13, 1999
Letter dated February 2, 1999 from Mathieu Boutin, Director of Development, Legal Publications, for Publications Carswell—Permission to reproduce issues of “Repères” (tabled February 17, 1999)
Form “Application for Reimbursement of Travel Expenses for Members of the Follow-up Committee on Quebec Model for the Determination of Child Support Payments” (corrected version tabled September 16, 1998)
Letter dated April 23, 1999, from Lyse Savard, Publishing Director for Publications CCH Ltée, authorizing the reproduction of articles and summaries of judicial decisions taken from their publications (tabled May 26, 1999)

3. INFORMATION DOCUMENTS (BROCHURES—FOLDERS)

Folder entitled “Information Concerning Support Payments” (tabled June 16, 1998)
Folder entitled “A New Way to Determine Child Support Payments” (tabled June 16, 1998)
Brochure entitled “New Tax Measures Related to Child Support Payments” (tabled June 16, 1998)
Brochure entitled “The Quebec Model for the Determination of Child Support Payments—Answers to Your Questions” (tabled June 16, 1998)
Draft brochure entitled “Presentation of a joint application to determine custody and access rights and child support payments for common-law spouses, of a joint application for transitional provisions or for revision of accessory measures concerning a case of divorce or legal separation, and of a joint application for exemption under section 3 of An Act to facilitate the payment of support” (tabled September 16, 1998)

4. OTHER DOCUMENTS

Comparison of Household Standards of Living Test (Federal Child Support Guidelines) (tabled September 16, 1998)
Bulletin de liaison, Vol. 23 No. 2—“Ménager le chou,” by Claudette Mainguy, Development Officer (tabled November 11, 1998)
Note from the Secretary of the Régie des rentes du Québec—Rate of adjustments for contributions to the Régime de rentes du Québec (tabled December 9, 1998)
Brief presented to the Quebec government’s parliamentary Committee examining the determination of child support payments, by the Association Masculine d’Entraide pour la Famille [men’s mutual assistance association for family matters ]—August 20, 1996 (tabled December 9, 1998)
Letter from J. Wilson, Revenue Canada—Questions from the Child Support Team, Department of Justice (tabled December 9, 1998)
“Shared Custody: The American Experience,” by Laura W. Morgan, Esquire (tabled December 9, 1998)
Report of the Special Joint Committee of the Senate and of the House of Commons on Child Custody and Visiting Rights”—Declaration of the federal Justice Minister (tabled January 13, 1999)
Report of the Special Joint Committee on Child Custody and Visiting Rights—December 1998 (tabled January 13, 1999)
“Droit et enfant”—Continuing education for the Quebec Barreau (tabled February 17, 1999)
“Child Support Processes: Options for Canada,” Child Support Team—March 1997—Research Report CSR-1997-3E (tabled February 17, 1999)
“Expedited Child Support: An Overview of the Commonwealth Countries’ and United States’ Procedures for Establishing and Modifying Child Support,” Child Support Team—Research Report CSR-1997-4E (tabled February 17, 1999)
Child support guidelines: The next generation—Chapter 5 “Child support, visitation, shared custody and split custody” (tabled March 24, 1999)
“The Daily”—Statistics Canada—Major Press Releases: 1997 Survey on Household Spending (tabled March 24, 1999)
Table to Determine the Basic Child Support Contribution (Indexed on January 1, 1999) (tabled April 21, 1999)
Questionnaires from the federal Department of Justice (tabled April 21, 1999):
- Lawyers: Survey on experiences and issues related to the child support guidelines, conducted among continuing legal education participants—Halifax—December 4, 1998
- Lawyers: Survey on experiences and issues related to the child support guidelines, conducted among continuing legal education participants
- Judges: Survey on experiences and issues related to the child support guidelines
Interim report on the implementation of family mediation in accordance with Bill 65 - December 1998 (tabled May 26, 1999)
Bulletin de liaison, Vol. 24, No. 1, “Suivi sur les pensions alimentaires,” by Claudette Mainguy, Development Officer (tabled May 26, 1999)
Research Report (CSR-1999-3E) “Custody, Access and Child Support: Findings from the National Longitudinal Survey of Children and Youth”—June 1999—Department of Justice Canada (tabled September 8, 1999)
Mini-conference held by the Barreau du Québec / April 1999 “Les récents développements en droit familial”—Speakers: Dominique Goubau, Faculty of Law—Université Laval—“Sécurité juridique et discrétion judiciaire : un difficile équilibre dans la fixation des pensions alimentaires pour enfants,” and Jean-Marie Fortin—“Les aspects fiscaux et financiers des pensions alimentaires” (tabled September 8, 1999)
Research Report CSR-1999-2E—July 1999—“The Survey of Child Support Awards: Final Analysis of Pilot Data and Recommendations for Continued Data Collection” (tabled October 6, 1999)
“Les pères devenus des guichets automatiques?”—Le Droit, Ottawa-Hull, Wednesday, September 29, 1999 (tabled October 6, 1999)
Table to Determine the Basic Parental Contribution (Indexed on January 1, 2000) (tabled on January 18, 2000)
Publication in the Gazette officielle du Québec (January 29, 2000) of the “Table to Determine the Basic Parental Contribution” (tabled February 2, 2000)

5. CRITICAL ANALYSIS AND OBSERVATIONS PROVIDED BY PRACTITIONERS AND PARTIES BEFORE THE COURT

A synthesis of the observations made by certain practitioners and parties before the court is included in the Appendix of the present report.

Observations of the F.A.F.M.R.Q. with respect to the draft brochure on joint applications (tabled October 21, 1998)

6. CASE LAW

Case law summaries were tabled at each meeting. These summaries are included in the Appendix of the present report.

Three decisions of the Quebec Superior Court that exempt parties from paying support or establish support payments below those provided in the Quebec model due to the low income of the debtor of support:

Decision of June 10, 1997, Justice Clément Trudel, 705-04-000803-953
Decision of November 4, 1997, Justice Ross Goodwin, JSC, 200-12-039847-893
Decision of November 12 1997, Justice Jean-Pierre Sénécal, JSC, 500-04-002188-969
(tabled November 11, 1998)
Document provided by Jocelyn Verdon, of the law firm Garneau, Verdon, Michaud, entitled “Les barèmes québécois de fixation des pensions alimentaires : jurisprudence choisie” (tabled November 11, 1998)
Decision of the Quebec Court of Appeal dated October 29, 1998, Justices Gendreau and Chamberland, associate chief justices, and Justice Denis, associate chief justice, 500-09-006378-988 (tabled December 9, 1998)
Decision of November 19, 1997, Justice John H. Gomery, JSC, 500-2-194835-18 (tabled December 9, 1998)
Decision of July 17, 1997, Justice Léo Daigle, JSC, 450-04-001990-976 (tabled December 9, 1998)
Summary of “Jurisprudence Express” cited in the document presented by Jocelyn Verdon at the meeting of November 11, 1998, concerning case law on determining support payments (tabled December 9, 1998)
Decision of August 1, 1997, Justice Jean Lemelin, JSC, 200-12-042882-903 (tabled January 13, 1999)
Decision of October 1, 1998, Justices Brossard and Robert, associate chief justices, and Justice Letarte, associate chief justice, 200-09-001623-971 (tabled January 13, 1999)
Decision of July 18, 1997, Justice Louis Rochette, JSC, 200-12-057961-972 (tabled April 21, 1999)
Decision of August 4, 1997, Justice Hubert Walters, JSC, 200-12-046619-913 (tabled April 21, 1999)
Decision of January 5, 1998, Justices Mailhot, Robert and Philippon, associate chief justice, 200-09-001578-977 (tabled April 21, 1999)
Decision of December 22, 1998, Justice G. B. Maughan, JSC, 500-04-013411-989 (tabled May 26, 1999)
Document provided by Jocelyn Verdon of the law firm Garneau, Verdon, Michaud, entitled “Les barèmes québécois de fixation des pensions alimentaires pour enfants : législation et jurisprudence marquante”—November 1999 (tabled November 10, 1999)