Should maintenance still be paid to a child who has reached the age of majority?

Verified 02 June 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Your child has reached the age of majority. Do you have to continue to pay the maintenance ordered by the judge? Who do you have to pay it to? We present you with the information you need to know.

Video: What you need to know about this

Vidéo - Do you still have to pay maintenance to your child who has reached the age of majority?
Credits : Public Service (DILA)

*Have you already paid your college fees?

*No... I don't have any money this month

*Well you can always ask your mother!

*Well no, I'm just 18

My father is going to stop paying child support

Does child support cease at the age of 18?

No, child support does not automatically end with the majority of the child. Parents are required to maintain their adult child until the child meets his or her own needs. Maintenance therefore remains payable as long as the child is in education, training or actively seeking work. In principle, parenting agreements and decisions of the judge specify this point. In the event of a conflict, the parents may refer the matter to the family court. This is the case, for example, if one of the parents considers that maintenance is no longer due or that it should be reduced because the young adult receives income in the context of work-linked training or a student job. Finally, maintenance is not payable indefinitely, it ceases when the child is financially self-sufficient.

Key Points Reminder

· Maintenance can continue to be paid at the age of 18

· It remains due as long as the adult is studying, training or looking for work

· In the event of a conflict, parents may refer the matter to the judge

· The pension ceases when the child is financially self-sufficient

Maintenance fixed in a parental decision or agreement must be paid while your adult child is not financially self-sufficient. That is, as long as he cannot provide for himself.

The other parent or adult child must justify their situation. The documents must prove that, for example, the adult child is pursuing his studies (school certificate), is looking for a job, is seeking training.

FYI  

You must also continue to pay the pension if your child is a protected major or disability status and that he has not enough income to take care of yourself.

You have to pay child support to the parent creditor.

To pay maintenance directly to your child who has reached the age of majority, the court decision must provide for that.

Example :

An adult child continues his studies in Metz while his family residence is in Biarritz. He is a tenant and pays his own expenses. Support payments can be made directly to the child so that the child can manage his or her expenses without having to regularly ask the parent who receives the support for money.

If the decision says nothing about it, the other parent must agree to stop receiving support and accept that it be paid directly to your child.

In this case, a written document may mention your agreement and specify the payment of maintenance (transfer, check...). This document must be dated and signed by the 2 parents.

In case of disagreementHowever, if you want support to be paid directly to your adult child, you can enter the Jaf: titleContent of the court of justice.

Who shall I contact

This procedure may be initiated by the parent debtor or parent creditor if, for example, they no longer want to have a financial relationship with each other.

You can make your request using the cerfa form n°11530:

Application to the family judge (parental authority, right of access, maintenance...)

The lawyer is not obligatory for this procedure.

Who can help me?

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