What is the judicial measure to help manage the family budget?

The judicial measure to assist in the management of the family budget makes it possible to re-establish good management of family benefits in the interests and needs of the child.

It is about supporting parents in protecting their child's needs (housing, health, education and maintenance).

The objective of the measure is to:

• Intervene as soon as possible to learn a skill
• To prevent the financial situation from worsening.

This measure:

• Does not question the parents' authority over the child
• Not intended to remove custody of the child
• Does not affect the ability of parents to make decisions for their child.

There are no socio-occupational criteria or age requirements.

The legal aid measure concerns parents who respond to 2 following conditions :

• Family benefits are not used for housing, maintenance, health and education needs of the child
• One home care benefit (e.g. household help, support in social and family economy, intervention of an educational action service, payment of financial aid) is not sufficient.

The services covered by this measure are:

• Early Childhood Care Benefit (YCWS)

• Family allowances
• Family supplement
• Education allowance for disabled children (AEEH)
• Family Support Allowance (FSA)
• Daily parental attendance allowance (DPA)
• Back-to-school allowance (RSA)
• Housing allowances
• Active Solidarity Income (RSA) paid to the single parent who is responsible for the child.

If the judge so decides, the family benefits are paid (in whole or in part) to the delegate.

The delegate:

• Makes decisions by trying to get agreement from the family
• Is the guarantor of the proper use of family benefits
• Seeks to understand the source of difficulties and find solutions
• Advises parents to overcome budgetary and financial difficulties
• Sets priorities in payments. However, it gives priority to family benefits for the needs and expenses of the child
• Takes all decisions, in consultation with parents, to meet the needs related to the maintenance, health and education of the child
• Helps parents plan for the future.

The delegate is accountable to the children’s judge for changes in the family’s financial situation.

In the event of a significant disagreement, the children's judge can be entered by parents or delegate.

The measure cannot exceed a duration of Two years.

It can be renewed by reasoned decision of the juvenile judge.

Depending on the financial situation and the management balance regained, the judge may interrupt the aid measure.

The judicial measure to assist in the management of the family budget may at any time be amended either:

• Of its own motion by the judge
• At the request of the Public Prosecutor
• At the request of the persons who brought the case before the judge (e.g. the parent)
• At the request of the Family Benefits Officer.

The decision to introduce the judicial measure to assist the management of the family budget shall be notified within 8 days:

• To the parties
• To the Family Benefits Officer if appointed
• To the body responsible for payment of those benefits
• To the public prosecutor.

This decision may be challenged before the court of appeal within the 15 days according to its notification :

• By the parties
• And by the delegate for family benefits.

The measure continues to apply until the decision of the Court of Appeal.