2024 QCCS 174, 2024 QCCS 174

Droit de la famille — 2441 2024 QCCS 174 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT Of ABITIBI No.: 170-04-000018-237 DATE: January 22, 2024 ______________________________________________________________________ by THE HONOURABLE NATHALIE PELLETIER, J.S.C. ______________________________________________________________________ C. M. Applicant c. J. G.

Defendant ______________________________________________________________________ JUDGEMENT ______________________________________________________________________ [ 1 ] The parties have been living apart for twelve years. [ 2 ] From the union of the parties two children were born: - X, born on [...], 2007, currently 16 years old; - Y, born on [...], 2010, currently 13 years old. [ 3 ] At the time of their separation, the parties reached an amicable agreement on the father's rights of access to the children. [ 4 ] Both parties told the Tribunal that they had agreed that when the mother had to travel to Town A, she would bring the children to the paternal grandparents' home, where the father usually resides in Town A. [ 5 ] This de facto situation has been the same since their separation.

The parties therefore request that the present judgment reflect the agreement reached between them. [ 6 ] As for the child support, the mother is requesting that it be retroactive to January 1, 2021.

In the past, she has never requested support for the benefit of both children. [ 7 ] However, through her application to the father, she had indicated that she wishes to obtain retroactive child support for both children. [ 8 ] The father does not object to the application for child support retroactive to January 1, 2021. [ 9 ] Also, he admits to having been served with the support forms for previous years and to the income declared therein. [ 10 ] However, he is asking for compensation for the amounts he has already paid as child support and which have already been collected by the Directeur des pensions alimentaires du Québec. [ 11 ] CONSIDERING the admissions of the parties regarding de facto custody established over the past twelve years. [ 12 ] CONSIDERING the admissions of the parties with respect to the father's access rights established by amicable agreement. [ 13 ] CONSIDERING that income is not disputed on either side. [ 14 ] CONSIDERING it is in the best interests of the children that support payments be established, the mother seeking child support retroactive to January 1 st , 2021. [ 15 ] CONSIDERING that

section 595 of the Civil Code of Quebec allows a debtor parent to be required to make a retroactively support contribution, by operation of law, for the three years preceding the application. [ 16 ] CONSIDERING that the originating application was filed with the Court on July 19, 2023.

[ 17 ] The Court grants the retroactive application for support, as provided for in

section 595 of the Civil Code of Quebec .

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the applicant's originating application; [ 19 ] GIVES custody of the children X and Y to the plaintiff; [ 20 ] GRANTS the defendant access rights according to the parties’ agreement and in accordance with the children's wishes; [ 21 ] ORDERS the defendant to pay the plaintiff, for the benefit of the two children, child support in the amount of $7,671.84 for the year 2021; [ 22 ] ORDERS the defendant to pay the plaintiff, for the benefit of the two children, child support in the amount of $6,362.35 for the year 2022; [ 23 ] ORDERS the defendant to pay the plaintiff, for the benefit of the two children, child support in the amount of $5,924.97 for the year 2023; [ 24 ] ORDERS the defendant to pay the plaintiff, for the benefit of the two children, child support in the amount of $502.61 per month, starting January 1, 2024; [ 25 ] ORDERS the collector of support payments to set off the amounts already paid by the defendant as child support for the benefit of the children; [ 26 ] ORDERS that the said support payments be indexed on January 1 of each year, in accordance with

section 590 of the Civil Code of Quebec , starting January 1, 2025; [ 27 ] ORDERS the parties to exchange their federal notices of assessment no later than June 1 of each year; [ 28 ] ORDERS the defendant and his family not to comment on or make disparaging remarks about the plaintiff or the family situation affecting the children, either in the presence of the children or on social networks; [ 29 ] ALL, without costs. NATHALIE PELLETIER, J.S.C. Me Marie-Ève Bartkowiak Larouche & Girard Lawyers for the applicant Mr. J. G. [...] Town A (Quebec) [...] Hearing date : January 9, 2024