Family disputes often combine reason and emotions. Mainly for this reason, our lawyers accompany you to have a clearer understanding and to take good decisions in regards to your own interests and the interests of your children.
Whether in the case of the break-up of a De facto union, the management of a divorce that includes family patrimony, the handling of a matrimonial regime or even in relation to child or former spouse support, it is important that your rights are defended rightfully. This is done by ensuring the case is correctly administered.
Moreover, it is important to keep an open mind to alternative dispute resolution methods and to be able to recognize when the parties’ positions are so irreconcilable that litigation is inevitable.
Our lawyers also work with various specialists, such as social workers, psychologists and psychoeducators, and use their services as needed to help you and your family through this difficult time.
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La Prairie, Laval, Longueuil, St-Basile-le-Grand, Sherbrooke
Frequently asked questions
Marriage contract or not?
This page is only available in French.
Am I eligible for legal aid?
Althought CHABOT mediators lawyers does not accept legal aid, the following text inform's you of the process to obtain your legal aid eligibility assesment.
Am I eligible for legal aid ?
There are two aspects of legal aid: free legal aid or legal aid with financial support from your side.
To be eligible for one of the two components, you must meet the criteria established in the Act respecting legal aid and the provision of certain other legal services and Regulations of legal aid.
The elements assessed are:
-Your annual income
-Your family situation (children, spouse, etc.)
-The value of your assets.
It is important to note that if you receive benefits of last resort under the Individual and family assistance act, commonly known as social assistance or social solidarity, you are automatically eligible for the free component of the legal aid.
How do I check my eligibily for legal aid?
To check your eligibility for legal aid, you must make an appointment by phone to one of the legal aid offices nearest you, even if you are receiving last resort benefits under the Individual and family assistance Act, commonly called social solidarity or social assistance benefits.
To check the various legal aid offices, you can visit the following link: www.csj.qc.ca under the section "Contact Us" and then "Coordinates of legal aid offices."
During this meeting, a lawyer will check your eligibility for legal aid by making a portrait of your financial situation. To do this, you will need to provide more information and other documents at the meeting. To help you, here is the information and documents you may be asked to provide :
Documents required for the cause
• Formal notice;
• Date of birth;
• Social insurance number;
• Names and dates of birth of family members;
• Proof of school attendance of a chilf over the age of legal majority, if it applies
•Proof of income for the previous year or of the current year, depending on the case*
• Name and address of the income source;
• Recent pay stub;
• Unemployment benefits stub;
• Tax reports for the previous year and notice of assessment;
• Financial statements (business income);
• Rental income;
• Interest income;
• Support payments received;
• Support payments paid;
• Care expenses paid;
• Tuition fees;
• Expenditures for a serious physical or mental disability.
• Income and expenses from the rental of a building (TP-128 Revenu Québec form)
• Assets : Property tax bills (house or other properties), RRSP, etc.;
• Debts : loans, lines of credit, outstanding bills, balance of mortgage, etc.;
• Liquid assets : bank books, term deposits, investments, shares, bonds, etc.
*This list comes from the official website of the Commission des services juridiques.
Note : This information comes from the official website of the Commission des services juridiques : www.csj.qc.ca
How is child support calculated?
Child support is usually calculated from the Quebec model for determining child support. From the income of both parents and the number of children, the tables determine an annual budget for children's basic needs.
This budget is then divided between the parents according to the proportion of the income of the parents and the custody time. The budget should follow the children. So, this means that if the kids are in the sole custody of one of the parents, the total budget must be available to that parent. This is called a transfer request from one parent to the other and creates the alimony obligation. In joint custody, the budget must be 50% on each side. When parental incomes are unequal, the proportion of the budget held by each parent is not equal to 50%. The alimony support thus serves to balance the budget.
Visit our brochure "Understanding child support" to learn more.
For more information on the expenditure included in alimony, do not hesitate to contact us.
What if our income changes over time?
Under section 596.1 CCQ, parents have an obligation to keep up-to-date of changes in their income. On request, the other parent must provide the information on their income annually. With this information it is possible to adjust the payment of maintenance by performing a new calculation. Judgment may however be necessary to ensure that these modifications will take effect.
10 tips to reduce legal costs
Avoid the dispute and be open to alternative dispute resolution methods
Your attorney may recommend that you try to resolve the conflict through an alternative method, such as mediation or off-court settlement. Although your lawyer is an experienced litigator, it is common that the most effective and inexpensive way to resolve a case is through these methods. With the help of a neutral person, it is possible to reach an agreement that will work for you and the other party. Be realistic in your demands and try not to be motivated solely by revenge, guilt or anger. Try to be as objective as possible.
Give complete and detailed information
The facts are different in each case. Lawyers do not have a crystal ball and rely on you to provide them with the information they need. Submit an accurate summary of the facts that you consider relevant in chronological order.
Remember that you benefit from confidentiality in your relationship with your lawyer. They must be aware of all relevant facts, even if they may appear contrary to your interest. Your lawyer will manage and lead the file accordingly. The worst case scenario for your case is when your attorney is negotiating before the judge and realizes that you have not told them everything.
Pay your bills on time
It's a matter of respect. You do not leave your mechanic's garage without paying for the repairs he has done on your vehicle. It's the same for your lawyer. You receive a service which must be paid for. When you fail to pay bill on time, additional costs can be charged with interest.
To properly prepare your case, your lawyer will certainly need several documents. Make the necessary steps to obtain the documents that are under your control, such as birth certificates, marriage contract, lease, notarized contract, bank statements, etc. Organize the documents for your attorney, in a binder or otherwise, but make sure that everything is clear. Remember that if your lawyer must take time to file your documents, this will appear on your next bill. The fees that you pay should not be used to sort and organize documents.
Be consistent in your instructions
Once your lawyer has clearly explained to you your rights, obligations and possible actions, be clear in your instructions and do not change your mind constantly along the way. If you change your mind along the way about the direction of the case, quickly tell your lawyer in order to prevent them from working in the wrong direction.
In order not to drive up your bill, have your list of questions at hand when you call your lawyser. Keep up to date by keeping copies of the documents that you give to your lawyer. Archive emails and documents that are sent to you. Keep an updated log of events that may occur along the way, such calls from the opposing party and note the specific dates when important events occur.
A picture is worth a thousand words
Feel free to provide your lawyer with photographs that illustrate your lifestyle, such as holiday pictures or pictures of you taking care of your children, etc. These photographs may be submitted in evidence at the hearing.
Stay in touch
If something important happens and your lawyer is not aware, notify them quickly. A quick email will suffice to make them aware of the things that occurred, either in relation to the other party, a witness or otherwise.
Do not take your lawyer for your psychologist
Despite the fact that you are going through difficult times, your lawyer is not a psychologist. You have approached us to direct you regarding your rights and obligations. Turn to the appropriate resources for psychological support. We can gradly direct you to the appropriate resources for your situation.