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

July 2004

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CHAPTER 2: SUMMARY OF THE IMPLEMENTATION PROCESS

A number of measures were put in place by various practitioners and government departments affected by the new model in order to coordinate the implementation process.

First of all, the Ministère de la Justice, which is in charge of applying the model, implemented an administrative support procedure for the new system in all 43 courthouses where the Quebec Superior Court holds its sessions. The procedure was developed in conjunction with the judiciary and was designed to handle all applications related to child support obligations from the time they are filed with the clerk of the court until a final decision is actually rendered.

The administrative procedure is based on the use of software adapted to the needs of the judiciary and employees of the office of the court. Although the form and table are quite user friendly, it is still advisable to use such software in order to process a significant volume of applications as efficiently as possible. The software that was placed at the disposal of the judiciary and its personnel carries out the requisite calculations precisely and very rapidly. Offices of the court are also equipped with it, to provide support for the activities of the court and of the special clerks. In order to avoid any error in calculation which might appear in the forms presented to the court, employees of the office of the court verify all calculations not carried out by the software. Manufactured by a private company, the software can also be purchased by professionals in the field, such as lawyers, mediators and accountants.

Training sessions on the model for determining child support were provided for all interested parties, and the Ministère de la Solidarité sociale and the Ministère de la Justice offered information sessions for a number of stakeholder groups in 1997 and 1998. Those who work for various judicial service departments in Quebec’s courthouses also received training: special clerks (who are in charge of applying the model), administrators, judicial coordinators and employees of offices of the court.

The Barreau du Québec, as part of its continuing education program, provided training sessions in a number of judicial districts, concerning both the determination and tax treatment of support payments and the federal guidelines. The Chambre des notaires du Québec also offered courses on the determination of child support payments during training programs pertaining to family mediation.

With respect to communications, the Regulation, form, table, and brochure published by the Ministère de la Justice on the subject of support are available at all courthouses, Communication-Québec offices and regional offices of Quebec’s Ministère du Revenu, as well as at the Direction des communications and on the Web site of the Ministère de la Justice: http://www.justice.gouv.qc.ca.

Beginning on April 21, 1997, the Ministère de la Justice and the Ministère du Revenu jointly carried out a massive mailing of folders concerning the determination of child support payments and tax rules to roughly 185,000 payers and recipients of support.

Furthermore, in accordance with Section 12 of the Regulation respecting the determination of child support payments, the Justice Minister has, since its coming into force, indexed the Table to Determine the Basic Parental Contribution as of January 1 of each year. In addition, notices of indexation of the table were published in Part 1 of the Gazette officielle du Québec. The adjustment rates of 1.9% for 1998, 0.9% for 1999 and 1.6% for 2000 come from the pension indexes established by applying section 119 of An Act respecting the Quebec Pension Plan. This is the same rate as the one outlined in article 590 of the Civil Code of Québec to index support payments. On each occasion, a press release was issued in the month of December in order to keep the general public abreast of these adjustments. Moreover, the new figures are made available to practitioners and to the general public in all courthouses, Communication-Québec offices, at the Direction des communications of the Ministère de la Justice and on the department’s Web site.

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