Understanding the Support Statement in Québec Civil Procedure

Understanding the Statement Required Under Article 444 of the Code of Civil Procedure in Québec

The Statement Required Under Article 444 of the Code of Civil Procedure is an official legal document used within the judicial process in the Province of Québec. This form is essential when applying for or managing support obligations, such as child or spousal support, under the provisions of the Code of Civil Procedure (chapter C-25.01). It serves as a comprehensive declaration of personal, employment, and income details from the party involved—either the applicant or the defendant.

When and Why Is This Form Used?

This form is mandatory in cases where individuals seek support obligations through the court system. It is typically submitted during:

• Applications for support orders or modifications thereof
• Revisions of existing support judgments
• Support enforcement proceedings

The primary purpose of the statement is to provide the court with accurate, detailed information about the party’s current situation, enabling fair and informed decisions regarding support obligations. The form ensures transparency and helps prevent false or misleading declarations that could affect the legal outcome.

Key Sections of the Form and What They Require

Identity and Personal Details

• Name and Surnames: Full legal names, including surname at birth if different.
• Sex and Language: Gender and preferred language for communication (French or English).
• Address and Contact Information: Residential address, postal address if different, and telephone numbers (home, work, mobile).
• Date of Birth and SIN: Birthdate and Social Insurance Number, which are crucial identifiers.

Employment and Income Information

• Employment Status: Whether employed, self-employed, unemployed, or receiving social assistance.
• Employer Details: Name and address of the employer, if applicable.
• Income Details: Salary, other sources of income, and any benefits received. This may include social assistance benefits, rental income, dividends, or other earnings.

Additional Personal and Application Details

• Mother’s Name at Birth: To assist with identification.
• Other Names Used: Any aliases or previous names.
• Application Details: Nature and date of the application, or if it’s a revision, the date of the original judgment and relevant file number.

Information About the Other Party

• Address and Contact: Known residence and phone numbers.
• Date of Birth and SIN: If available, for identification purposes.

Filling Out and Submitting the Form

Completing this form accurately is your legal responsibility. It must be filled out in block letters and signed at the designated place, attesting to the truthfulness of the information provided. The form can be submitted either physically or through the court’s digital platform, depending on the procedures in your district.

It is important to note that the information in this statement is confidential once entered into the register of support payments, which is maintained by the court clerk. However, if no support is granted or no judgment is made within a year of filing, the statement is destroyed.

Points of Attention and Legal Considerations

• Accuracy and Completeness: Providing false information can have legal consequences and may affect the outcome of your application.
• Confidentiality: The data entered is protected, but must be truthful and complete to ensure fair judicial proceedings.
• Timeliness: Ensure the form is submitted within the legal deadlines and in accordance with local court procedures.

In summary, the Statement Required Under Article 444 is a fundamental document in Québec’s family law process for establishing or revising support obligations. Proper completion and submission of this form facilitate a transparent, efficient, and fair resolution of support issues in accordance with the law.