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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101047
Experience:  Lawyer
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I have a question about Family Law and Child Support in

Customer Question

I have a question about Family Law and Child Support in Quebec. Two parents were never married nor in a de facto relationship. The mother has sole custody and lives with the child in Quebec. The father does not live in Quebec. They do not have any legal child support agreement. What is the best way for the father to initiate an agreement? Should he file in Quebec to avoid jurisdiction arguments? Do any laws apply to this situation in the absence of an agreement?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The law that applies in this situation is a the law of Québec because that is where the child lives. It is only the court in the jurisdiction where the child lives that has jurisdiction over the child.

In the absence of an agreement the parent with whom the child lives has custody.

In terms of support whether there is an agreement or an order or not the laws are clear and the Federal Child support guidelines set the basic monthly support up until the time the child reaches the age of majority. After that there is more discretion in terms of support when a child continues to liveat home and attend school full-time

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