You share custody of the child
- In cases of shared custody, child assistance payments are made to both parents at the same time and according to the payment frequency (quarterly or monthly) chosen by each parent.
- In applying the Taxation Act, the Régie cannot take into consideration any financial agreement between two parents regarding child assistance payments (e.g. an agreement that has been confirmed or not by a court judgment, a mediation report, etc.).
- The Régie considers that a child is in shared custody when the child lives alternately with each parent between 40% and 60% of the time each month.
- If the child's custody is shared between one parent and another person, the parent's percentage of custody time must be a minimum of 40% but not more than 49% each month. In this case, the Régie may verify how responsibility for the child's care is shared.
The Régie must be informed of any shared custody arrangements. Please ensure that the information in your annual notice includes the mention "shared custody" for the children who are in that situation. If any changes are required, please inform us immediately.
Child assistance payments
- In cases of shared custody, you are entitled to an amount equivalent to half of the amount that you would have received for the child, if the child were not in shared custody.
- If you were not already receiving payments at the beginning of shared custody, you must file an application for child assistance payments to receive the amounts to which you could be entitled.
- The Régie des rentes du Québec can pay child assistance retroactively for a maximum period of 11 months from the date an application is received if all of the eligibility requirements are met.
Supplement for handicapped children
- If you share custody of a child and a supplement for handicapped children is being paid for that child, the amount of the supplement will automatically be divided between the 2 parents.
Change in conjugal situation
- Following a change in conjugal status, the Régie recalculates the amount of your child assistance payments. In the event of the breakdown of your union, you will be considered to be de facto separated when you have lived apart for at least 90 days. Wait until that period has passed before declaring your new conjugal status.