05.07.09 – Variation of a judgment awarding support

 

Offer to settle

 

A judgment may only be varied by a NEW JUDGMENT; any agreement between the parties (the former spouses) that is ratified by judgment is a judgment.

 

Counsel in the Ministère de la Justice are the only ones who are empowered to AGREE TO A SETTLEMENT where the support debtor proposes an agreement to settle his or her debt.

 

Cancellation of arrears

 

Where a judgment rendered after July 31, 1989 cancels support arrears and the MINISTER was NOT JOINED AS A PARTY, the judgment may be reviewed.

 

Where the debtor obtains a NEW JUDGMENT cancelling support arrears, this judgment will be applied and the information in the system will be amended.

 

Exemption from the Act to facilitate the payment of support (Bill 60)