Annual increase in maintenance payments

Verified 06 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Additional cases ?

Review of maintenance

Don't know how to calculate the new support amount? The parent who has to pay you maintenance has not applied the annual increase? We explain how to upgrade.

Enhancement of maintenance payments

The amount of maintenance will vary when the judgment, divorce or parental agreement provides for a indexing clause in order to monitor the development of a consumer price index. This is called upgrading maintenance. We're not going back to the Jaf: titleContent to increase the value of maintenance.

Review of maintenance

The amount of maintenance may also vary for take into account the changing needs of the child and the income of both parents. This is called revision of maintenance. In the absence of an amicable agreement between parents on a new amount, we have to ask the Jaf for a review.

It's the one who has to pay maintenance (the debtor) which must carry out the annual revaluation.

He must do it spontaneously, without waiting for the creditor of maintenance demands it.

Warning  

If you have financial intermediation for the payment of maintenance, the Caf: titleContent carries out the annual upgrading.

Maintenance needs to be upgraded every year.

The date on which maintenance is to be increased shall be indicated in the judgment of the JAF or in the divorce agreement or in the parental agreement.

In principle, revaluation is planned on a fixed date, usually at 1er January, at 1er July or at anniversary date of judgment.

In order to know how to calculate the new amount, you must follow the instructions given in the decision given by the court or the divorce agreement or the parental agreement.

You should note the following:

  • The date on which the 1 is to occurre upgrading
  • Frequency (frequency) of pension revaluations. In principle, revaluation is planned every year on a fixed date (example: at 1er January or anniversary of the judgment)
  • Benchmark or basic index that is to say the index by which you will divide.

Example :

You need to reassess at 1er january 2023 an initial pension of €300.

Your judgment of June 4, 2020 states that you must use the urban household consumer price index and the following revaluation formula:

Revalued amount of pension = Initial amount of pension X last index published in the OJ on the revaluation date / index in force on the date of the decision

The latest index published in the OJ on 1er january 2023 is november 2022 at 112.89.

The index in effect on June 4, 2020, is April 2020 at 103.52.

The calculation is: 300 x 112.89 / 103.52 = 327.15.

The amount of maintenance increased shall be €327.15.

You must round up to the nearest euro, if so specified in the decision or convention.

To do your calculation, you can use the simulator available on theInsee: titleContent :

Calculating the Revaluation of Support

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There's a lack of elements to do the calculation

You must speak to your lawyer if it is a divorce agreement or to the judge if it is a court decision.

For example, if the benchmark to use to calculate revaluation is not specified, you can deposit a request in interpretation at the Jaf: titleContent who made the decision. In order to make your request, you need to hire a lawyer if the lawyer was already obligatory in the procedure that gave rise to the decision. Otherwise, you can make your interpretation request on your own.

There is an error in the revaluation formula

You must speak to your lawyer if it is a divorce agreement.

If it's a court decision, you can make a request for correction of material error.

The upgrading has not been done for several years

You can calculate valuation arrears by calculating for each year the difference between the amount paid and the amount that should have been paid.

You can use the INSEE simulator to do your calculations over several years:

Calculating the Revaluation of Support

You can claim back support payments over the last 5 years.

If the parent debtor refuse to pay you arrears, you can call on a Commissioner of Justice or ARIPA to recover the amounts due:

Revaluation is not done by the debtor parent

The parent debtor must spontaneously increase the value of the pension without prior request from the parent creditor.

However, the creditor parent can do the calculation himself. He must then indicate the new amount to be paid to the debtor parent.

If the debtor refuses to pay the new calculated amountHowever, the parent who is the creditor of the pension may call upon a Commissioner of Justice or ARIPA to recover the sums due:

Several decisions follow one after the other

You need to calculate the new amount with the indications given in the last decision amending the amount of maintenance.

The debtor and creditor disagree on the amount calculated

If there is a disagreement on the calculated amount, you can use the simulator available on the INSEE website to justify your calculation to the other parent:

Calculating the Revaluation of Support

If you are the parent creditor of the pension, you can also call on a commissioner of justice to make the calculation and recover the amounts due:

Calculating the Revaluation of Support

Who can help me?

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