Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, June 28, 2010

Child Support Law in Quebec


The lawyer who represented the woman known as "Lola" in a high profile child support case is in court for a similar case involving six women who feel Quebec's child support benefits are unfair and unconstitutional.

Anne-France Goldwater is alleging children of divorce in Quebec are victims of discrimination because child support payments are often lower than those in other provinces and child support is cut in half in joint custody cases.

Read more here.


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Child support enforcement is illegal and should be outlawed. Here are the two reasons.
1. The making of a child was a personal civil matter between two consenting adults. The government was never informed nor did anyone need any permission to have sex and make a child. Two consenting adults agree to have sex and may or may not agree to have a child. However, when the child is born assuming the sex was consensual you both now have an obligation to raise that child. If one parent wants to opt out and leave you with the responsibility, then you can personally sue him and ask him pay his fair share. You use the civil court and get a civil judgment. The government was never involved in the decision to have sex and should never be involved in how two adults support or not support their child. It is the parent responsibility since you made a decision to have a child to raise it, with or without the help of the other parent. Why should the government be trying to help you with a willful personal decision you made? If you want help from the other parent, you must seek it through the civil system afforded to you. There you can bring your receipts your bills and your entire case to civil judge for consideration. If one parent wants to go on welfare, that is a government program and should not have to be repaid. The government does not have to give welfare to anyone; they choose to do so voluntarily. Non-profit organizations don’t ask you to pay back the money when they help you, and the government is a non-profit organization.
2. Child Custody triggers child support obligation and that again is illegal. Because it takes both parents to make a child, both parents should be EQUALLY given an opportunity to raise their child. Therefore the ideal custody should be 6 months with one parent and 6 month with the other parent until the child reaches an adult or there is some agreement between both parents. Therefore both parents don’t have to pay each other nothing. Both must find a job and support their child for the 6 months the child is with them. If one parent doesn’t want the responsibility for the 6 months then they can pay the other parent for their 6 month and that is real child support. The awarding of custody to one parent is a blatant “denial of parental right by the government”. And to remedy this, every non-custodial parent who only sees their child on weekends or holidays should file a class action lawsuit against the State for denial of parental rights. Every parent should have EQUAL access to their child, school, homework, sports, upbringing, and all other matters in raising a child. Not having that is tantamount of “denial of parenthood.” And don’t even think that 6 month here and 6 month there with each parent is too strenuous for the child. What are strenuous are visitation, weekend visits, and twice a year vacation bonding time. This treats the child like we treat animals in a Zoo. we visit them, we love them, we feed them, then we leave them and go home. Do you consider the animals in the zoo to be your children? Then that’s what the current child custody arrangement is all about. So if we enact real child custody, then child support will be eliminated and we will see the real fathers and the real mothers, cause there lays true human responsibility. So get some good lawyers to file class action law suits for EQUAL custody of YOUR child. This idea that women can take care of a baby better than a man is so wrong. Men has allowed women to take that responsibility and just backed off. But any real devoted father can raise a baby and a child.

Posted by: ARLEIGH | Jul 31, 2011 5:07:50 AM

To law student AKL-

Your entire essay is wrong. No other way to put it. It is well established public policy that an absent parent should support his/her children. That you would suggest a custodial parent can't seek government help when an absent parent fails to meet support obligations is frankly appalling.

Posted by: Robert Simpson | Feb 4, 2013 11:14:24 AM

Yes, making of a child is a personal civil matter between the two persons. The responsibility of the child rests on both. Even if the relationship turns sour and be broken, still, the two must have a fair share of raising the child/children.

Posted by: Mattia Dorn | Mar 21, 2013 2:56:34 AM

I wonder if the laws for child support are the same in Quebec as they are in Tucson Arizona. My friend is going through a divorce and is trying to get a child support lawyer to help her case so I've been researching child support laws for her. Thank you for posting this.

Posted by: Fort Mcmurray Air Conditioning | Sep 24, 2013 10:28:56 AM

Are there a lot of different child support lawyers in my area? I haven't heard of any, but I am in need of one. My sister is going through a lot of stuff with her soon to be ex-husband.
Jayden Eden |

Posted by: Jayden Eden | Jul 7, 2014 4:04:15 PM

One of the biggest problems with divorce is figuring out all of the issues with child support laws. There are so many things that need to be remembered, and it is also hard to make sure that everyone is satisfied with the outcome of the case. I have a friend that is getting a divorce, and she wants to make sure that her husband provides for good child support. I have advised her that if she wants this to happen, she will definitely need a good case so that it all works out in her favor!

Posted by: Skylar Mitchell | Feb 12, 2015 1:44:00 PM

I disagree with a lot of these claims. Moving a child back and forth every six months is not fair to the mental well being of the child. Especially if they aren't willing to oblige. I think making both parents take responsibility for their actions by having them help with the cost of raising the child is completely fair.

Posted by: Rose Henderson | Feb 20, 2015 7:42:51 AM

My family and I watched Kramer vs. Kramer last night and it made me want to learn more about child custody laws. It seems like when it comes down to this kind of stuff it's important to talk to a lawyer that is enriched in things like this. This helped me understand this stuff more and I hope to learn more about it in the future.

Posted by: Jason Strong | May 19, 2015 11:47:21 AM

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