Review of maintenance

Verified 31 July 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The amount of maintenance is not final. Can't pay the pension for your children anymore, or conversely, the amount you receive is no longer enough? You can ask the Family Court Judge (Jaf) to review the amount of maintenance. We present you with the information you need to know.

The amount of maintenance will vary when the Jaf has provided for a indexing clause in order to monitor the development of a consumer price index. This is called upgrading maintenance.

FYI  

For upgrade maintenance, the intervention of the JAF is not necessary.

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 the amount of maintenance. In the absence of an amicable agreement between the parents on a new amount, we have to ask the Jaf for a review .

Your request for review must be justified by new elements which took place after the last decision fixing the amount of maintenance.

You must prove the change of situation. Concretely, you must attach to your application any document justifying the changes in your situation that lead you to request the review.

Examples of supporting documents: salary slips, attestation France Travail (formerly Pôle emploi), invoices, statements of social benefits, rent receipts, attestations of third parties...

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You are the parent who receives support (creditor)

You can ask the increase in the amount maintenance if:

  • Your child's needs are greater;
  • The other parent's resources have increased.

You are the parent who pays support (debtor)

You can ask the reduction in the amount maintenance if:

  • Your child’s needs have decreased;
  • The other parent's resources have increased.

Please note

If you are no longer able to pay maintenance, the Jaf may exceptionally dispense with it.

The lawyer is not obligatory to make the request to the Jaf.

You have the option of applying for a child support review alone or through a lawyer.

You must address the Jaf application form and supporting documents in court on which the home of the parent in which the children reside depends or who assumes responsibility for adult children.

Who shall I contact

The procedure itself is free.

If you decide to have a lawyer assist you, his remuneration will be at your expense or at the expense of the State if you benefit from thelegal aid total.

Who can help me?

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