The Act to Facilitate the Payment of Support: What It Is and How It Works in Quebec

This page explains Quebec's Act to Facilitate the Payment of Support — the provincial law that makes Revenu Québec the automatic collector of child and spousal support. If you are owed support, paying support, or dealing with a former partner who has stopped paying, this guide covers how the collection system works, what enforcement tools exist, and when you may need to act on your own.

What Is the Act to Facilitate the Payment of Support?

The Act to Facilitate the Payment of Support is Quebec's provincial statute governing the collection and enforcement of child and spousal support payments. Since its enactment in 1995, the Act has placed Revenu Québec — not the support creditor — at the centre of the collection process. When a Quebec court orders support or homologates a support agreement, Revenu Québec is automatically notified and takes over the responsibility of collecting from the debtor and remitting to the creditor.

The Act applies to all periodic support payable under a court judgment — whether for a child or a former spouse — and covers both married and unmarried parents. It does not create or modify the right to support itself; that right arises under the Civil Code of Québec, arts. 585–596.1, for Quebec proceedings, or under the Divorce Act for married spouses divorcing under federal law. The Act is purely an enforcement mechanism — a collection infrastructure that sits between the debtor and the creditor.

The system is designed to reduce the burden on support creditors. Instead of chasing payments personally or returning to court after every default, the creditor receives deposits directly into their bank account on the 1st and 16th of each month. Revenu Québec bears the cost of collection. For families across Montreal, from Westmount to Ville-Émard, this is the system that determines whether support actually arrives.

💡 Did you know? Before 1995, support creditors in Quebec had to enforce their own judgments — meaning they had to identify the debtor's assets, hire a bailiff, and initiate seizure proceedings every time a payment was missed. The Act to Facilitate the Payment of Support was introduced specifically to address chronic non-payment, which studies at the time estimated affected a significant proportion of support orders in the province. The shift to automatic state-administered collection was a first in Canada.

The Act to Facilitate the Payment of Support and Quebec Family Law

The Act to Facilitate the Payment of Support occupies a specific place within Quebec's family law framework. It does not determine who owes support or how much — those questions are answered by the Civil Code of Québec (for obligations of support between parents and children, and between spouses), the Regulation respecting the determination of child support payments (for calculating child support amounts), and the Divorce Act (for spousal support between married spouses divorcing under federal law).

What the Act to Facilitate the Payment of Support does is enforce whatever amount a court has ordered. It transforms a paper judgment into an actual payment stream. This distinction matters: Revenu Québec cannot modify, increase, or reduce support. It cannot mediate disputes between the parties. And it cannot enter into a payment arrangement with the debtor — such as a reduced-payment schedule for arrears — without the creditor's consent.

The Act also interacts with the Code of Civil Procedure, which governs support-related court proceedings, including the sworn financial disclosure required under art. 444 and the execution measures available to creditors who choose to pursue enforcement independently.

If you are married: Support ordered under the Divorce Act or the Civil Code of Québec is collected by Revenu Québec in exactly the same way. The source of the obligation — federal or provincial — does not change the enforcement mechanism.

If you are not married: The same collection regime applies. The Act to Facilitate the Payment of Support makes no distinction between married and unmarried parents. If a Quebec court has ordered child support payable on a periodic basis, Revenu Québec collects it.

💡 Did you know? Quebec's support collection system is free of charge for both the creditor and the debtor. In many other jurisdictions, support enforcement requires the creditor to pay fees to a private collection agency or to absorb the cost of repeated court applications. In Quebec, the provincial government funds the entire operation through the Fonds des pensions alimentaires (Support Payment Fund), established under Chapter IV of the Act.

What the Act to Facilitate the Payment of Support Governs

The Act to Facilitate the Payment of Support covers five core areas:

Automatic Collection by Revenu Québec

The default rule under the Act is automatic involvement. When a Quebec court issues a support order or homologates a support agreement, the court clerk sends the relevant documents to Revenu Québec (s. 6). Revenu Québec then opens a file, contacts both parties, and determines the appropriate collection method.

The two primary collection methods are:

• Deduction at source (ss. 11–25): For employed debtors, Revenu Québec orders the employer to deduct the support amount directly from wages and remit it. This also applies to retirement benefits, employment insurance, disability payments, and severance.
• Payment orders (ss. 26–32): For self-employed debtors or those without a regular employer, Revenu Québec issues a payment order with a remittance schedule.

Revenu Québec pays the creditor by direct deposit or cheque on the 1st and 16th of each month. The creditor does not need to take any steps to initiate collection — the system is automatic from the moment the judgment is rendered.

⚠️ Revenu Québec collects only periodic support — regular payments at fixed intervals specified in a judgment. Lump-sum amounts, provisions for costs, or obligations to pay specific expenses (a mortgage payment, school fees, extracurricular activities) are not collected through this regime unless the judgment converts them into a precise periodic amount. This is why the drafting of the support judgment matters enormously.

Exemptions from Automatic Collection

The Act provides two paths to exemption from automatic collection (ss. 3–5):

1. Joint request: Both parties request that Revenu Québec not be involved, and a court grants the exemption. The debtor must provide security — typically a deposit equal to one month of support — to guarantee payment.
2. Trust: The debtor establishes a trust with judicial permission to guarantee support payments. This does not require the creditor's consent.

An exemption can only be granted once. If the debtor misses a payment and the creditor notifies Revenu Québec, or if the security is not maintained, Revenu Québec resumes collection permanently. There is no second exemption.

⚠️ An exemption does not remove the obligation to pay support — it only removes Revenu Québec as the intermediary. If the debtor stops paying after an exemption is granted, the creditor must either re-engage Revenu Québec (which ends the exemption permanently) or pursue private enforcement.

Enforcement Powers

When a debtor fails to pay, Revenu Québec has substantial enforcement tools under Chapter V of the Act (ss. 46–54.1):

• Seizure of bank accounts and movable property
• Interception of tax refunds and other amounts owed by any government body
• Registration of a legal hypothec (hypothèque légale) against the debtor's immovable property (s. 10)
• Suspension of the debtor's driver's license when arrears reach the equivalent of six months of support (s. 54.1) — a measure that came into effect on January 1, 2026
• Collection fees charged to the debtor for arrears (s. 35)

Revenu Québec also has the power to advance money to the creditor from the Fonds des pensions alimentaires while collection from the debtor is pending — ensuring the creditor is not left without income during enforcement proceedings.

⚠️ The driver's license suspension provision (s. 54.1) applies to debtors who have accumulated arrears equivalent to at least six months of support payments. The suspension is lifted when the debtor pays the arrears, enters into a payment arrangement, or is released from the support obligation. This measure is intended for persistent non-payers and is one of the strongest enforcement tools in the Act.

The Fonds des Pensions Alimentaires

Chapter IV of the Act (ss. 38–45) establishes the Support Payment Fund (Fonds des pensions alimentaires), a dedicated provincial fund managed by the Minister of Revenue. The fund finances the collection system, covers administrative costs, and — critically — allows Revenu Québec to advance support payments to creditors when collection from the debtor has not yet succeeded.

This feature distinguishes Quebec's system from purely reactive enforcement regimes. The fund acts as a financial buffer, reducing the gap between when support is owed and when it is actually received.

Support Orders from Outside Quebec

Chapter VIII.1 of the Act (ss. 70.1–70.3) allows Revenu Québec to enforce support orders made outside Quebec — including orders from other Canadian provinces and from foreign jurisdictions — provided those orders are recognized under Quebec law. This mechanism coordinates with federal and interprovincial support enforcement agreements, ensuring that a creditor who moves to Montreal from another province does not lose access to the collection system.

💡 Did you know? Quebec's Act to Facilitate the Payment of Support is considered one of the most comprehensive support enforcement statutes in Canada. Most other provinces rely on dedicated family maintenance enforcement programs (such as Ontario's Family Responsibility Office), but Quebec's approach of embedding enforcement within the provincial revenue agency — and making collection automatic rather than opt-in — was a distinctive policy choice in 1995 that has since influenced reform discussions in other jurisdictions.

How the Act to Facilitate the Payment of Support Has Evolved

The Act has been amended several times since its original enactment to strengthen enforcement and close gaps exploited by non-paying debtors:

• 1995 — Original enactment. Quebec establishes mandatory, automatic collection of support payments through the Ministère du Revenu (now Revenu Québec), replacing the prior regime that required creditors to enforce their own judgments.
• 1997 — The Act takes full effect for all new support orders issued after December 1, 1995. Pre-1995 orders are not automatically covered but creditors can request Revenu Québec's involvement.
• 2012 — Amendments strengthen information-gathering powers (Chapter VI) and expand Revenu Québec's ability to locate debtors and their assets through government databases.
• 2025 — The National Assembly adopts amendments adding driver's license suspension as an enforcement mechanism for persistent non-payers (s. 54.1).
• January 2026 — The driver's license suspension provision comes into effect. Debtors with arrears equal to six months or more of support face suspension of their license through the Société de l'assurance automobile du Québec (SAAQ).

💡 Did you know? The 2025 amendment adding driver's license suspension was prompted by persistent collection challenges — even with Revenu Québec's existing powers, some debtors working in the informal economy or hiding assets remained effectively unreachable through conventional wage garnishment or bank seizure. The license suspension targets a different pressure point: the debtor's daily mobility.

The Act to Facilitate the Payment of Support vs. the Code of Civil Procedure

The Act to Facilitate the Payment of Support and the Code of Civil Procedure offer parallel but distinct enforcement paths. Understanding when each applies is essential for support creditors in Quebec.

The two regimes are not mutually exclusive. A creditor who is enrolled in Revenu Québec's collection system can still pursue independent seizure measures through the Code of Civil Procedure if the debtor is dissipating assets, leaving the jurisdiction, or if Revenu Québec's process is not moving quickly enough. The Act explicitly preserves this right.

💡 Did you know? Under the Code of Civil Procedure, a support creditor can obtain a seizure before judgment — freezing the debtor's assets before a hearing — if there are reasonable grounds to believe the debtor will dissipate property or leave the jurisdiction. This remedy is not available through Revenu Québec, which follows its own administrative enforcement process. For Montreal families facing an urgent non-payment situation, the private enforcement route through the Code of Civil Procedure is sometimes the faster path.

Frequently Asked Questions

Does Revenu Québec automatically collect my support payments?

In most cases, yes. When a Quebec court issues a support order or homologates a support agreement, the court clerk notifies Revenu Québec, which opens a file and begins collecting from the debtor — typically by deduction at source from wages. This happens automatically unless the parties have obtained a court-ordered exemption.

Can we opt out of Revenu Québec collecting support?

Yes, but only with a court order. Both parties must jointly request an exemption, and the debtor must provide security equal to one month of support. Alternatively, the debtor can establish a trust with judicial permission, which does not require the creditor's consent. An exemption can only be granted once — if it is lost because a payment is missed, Revenu Québec resumes collection permanently.

What happens if the support debtor refuses to pay?

Revenu Québec has broad enforcement powers. It can seize bank accounts and other property, intercept tax refunds and government payments, register a legal hypothec against real property, and — since January 2026 — request suspension of the debtor's driver's license when arrears reach six months of support. The debtor may also face penal fines for non-compliance.

Does Revenu Québec collect lump-sum support or expense reimbursements?

No. Revenu Québec collects only periodic support — regular payments payable at fixed intervals as specified in a judgment. Lump-sum amounts, cost provisions, or obligations to pay specific expenses like a mortgage or school fees are not collected through this regime unless the judgment specifies an exact periodic amount.

Can Revenu Québec change the amount of support I receive?

No. Revenu Québec is a collection agent, not a decision-maker. It cannot modify, reduce, or increase the amount of support ordered by the court. Only a court — or the parties themselves through a homologated agreement — can change a support order. Revenu Québec also cannot enter into a payment arrangement with the debtor without the creditor's consent.

Does this law apply to support orders made outside Quebec?

Yes. Chapter VIII.1 of the Act to Facilitate the Payment of Support allows Revenu Québec to enforce support orders made outside Quebec, including orders from other Canadian provinces and foreign jurisdictions, provided the orders are recognized under Quebec law. This is coordinated through interjurisdictional support enforcement agreements.

What if Revenu Québec is not collecting fast enough?

The Act does not prevent a support creditor from taking independent legal action. If the debtor is dissipating assets, leaving the jurisdiction, or if Revenu Québec's collection efforts are insufficient, the creditor can seek urgent seizure measures or other court remedies through their own lawyer — in parallel with Revenu Québec's process.

Speak with a Family Lawyer

The Act to Facilitate the Payment of Support provides a powerful collection infrastructure, but it does not solve every problem. When a debtor works in cash, hides assets across multiple accounts, has left the province, or when Revenu Québec's standard enforcement timeline is too slow for your situation, independent legal action is the faster path. Drafting a support judgment that Revenu Québec can actually enforce — with precise periodic amounts, not vague expense-sharing clauses — is equally critical and requires experienced counsel from the outset.

Contact Goldwater Droit to schedule a consultation with one of our family law attorneys.

Official Resources

Full Text of the Act to Facilitate the Payment of Support

• Act to facilitate the payment of support

Government of Quebec Resources

• Revenu Québec — Support Payments
• Éducaloi — How Revenu Québec Manages Support Payments

This page provides general legal information about the Act to Facilitate the Payment of Support and is not legal advice. Every situation is different. If you have questions about how this law applies to your circumstances, consult a qualified family law attorney.