How to get financial intermediation?

Verified 15 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You have a enforceable title who provides for the payment of maintenance for your child's upbringing? You can set up financial intermediation. L'Aripa: titleContent, service of Caf: titleContent or the MSA: titleContent, takes care of receive the support of a parent for the spill to the other parent and to intervene in case of unpaid.

We present you with the information you need to know.

Financial intermediation is an arrangement in which the Agency for the Recovery and Intermediation of Maintenance Payments (Aripa) serves as amiddleman in matters of maintenance.

The parent debtor pays monthly maintenance payments to Aripa. The latter then makes the actual payment of maintenance to the parent each month creditor.

It's a service managed by the Caf: titleContent or the MSA: titleContent (for the agricultural scheme). It is accessible to everyone, whether you are a recipient or not.

He secure payments while preventing the risk of conflict.

He intervenes in case of late payment or unpaid.

Intermediation can be put in place automatically for all persons, whether they are recipients of the Caf or not.

You must have a enforceable title which fixes the amount of maintenance for your child. This may be a decision of a judge or other enforceable title (for example, a divorce or legal separation agreement).

FYI  

the Aripa may not be attached for a pension paid to the spouse (contribution to the expenses of marriage, duty of care, compensatory benefit) or directly paid to an adult child.

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Judicial decision

Maintenance shall be fixed by a court decision:

  • Judgment or convention certified by a Jaf: titleContent (divorce, legal separation, maintenance for children born out of wedlock or after divorce, protection order)
  • Judgment delivered by the court (adoption, recognition of paternity...).

Other enforceable titles

Maintenance may have been fixed by mutual agreement of the two parents:

  • Authentic instrument established by a notary
  • Transaction or agreement of mediation, of reconciliation or participatory procedure countersigned by a lawyer wearing enforcement order by the graft
  • Enforcement order issued by the FCA or the AMM. In this case, you have to agree on the amount of maintenance. You must not be married and be separated (Civil partnerships or cohabitation, lack of a common life).

Financial intermediation is foreseen systematically in the enforceable title except in the following cases:

  • Refusal of 2 parents
  • Reasoned decision of the judge who opposes it.

If your enforcement order does not provide for Aripa's intervention, you can enter it directly.

FYI  

in case of domestic or intra-family violence, financial intermediation must be pronounced, it cannot be ruled out, even if you both agree.

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Your enforcement order provides for financial intermediation

You have no no gait to be carried out.

The court registry, the lawyer of the creditor parent or the notary shall transmit to Aripa the enforceable title and the necessary information.

The service will be set up within 2 months of receipt of these items.

The Aripa is contacting you to set up the service. Waiting, maintenance must be paid between you.

Maintenance is paid from the account of the debtor parent or paid by him to Aripa on 1er, on the 10th or 15th day of the month at the option of the debtor.

Your enforcement order does not provide for financial intermediation

You can ask for financial intermediation from the CAF or the MSA.

This is possible even if the other parent does not agree.

You have no you don't have to be an allocator.

You have to apply for intermediation with the CAF or the MSA on the Internet:

Request for financial intermediation

Maintenance is paid from the account of the debtor parent or paid by him to Aripa on 1er, on the 10th or 15th day of the month, at the option of the debtor.

In case of unpaid maintenance (unpaid or incomplete), Aripa intervenes to recover the sums due and remit them to the parent creditor for the current month.

It may, if necessary, recover the 24 months last months of arrears.

First, Aripa hires a amicable procedure with the debtor parent to recover support.

Then, if the debtor fails to comply, Aripa proceeds to a forced recovery, by any of the following means:

  • Direct payment with the employer, the bank, the social security or pension fund, France Travail (formerly Pôle emploi)...
  • Recovery public by the Directorate-General for Public Finance, in particular for self-employed maintenance debtors (self-employed worker, craftsman).

Aripa can collect debts abroad.

It can also collect maintenance payments ordered abroad in France.

Recovery procedures may be challenged by the debtor before the enforcement judge.

Please note

if you are a lone parent with a child under 20 years of age, as early as 1er month of unpaid, the Aripa will pay you, on your request if you meet the conditions, Family Support Allowance (FSA) pending recovery of maintenance.

If you have received more than the amount due to you, Aripa informs you that you must refund the surplus to the other parent. In the event of a refusal, Aripa may adjust future deadlines.

If Aripa repaid the overpayment to the debtor but was unable to recover the amount from the creditor, it can to bring proceedings before the court of justice a claim for reimbursement.

If the debtor is not reimbursed for the overpayment, he may also to initiate proceedings against the creditor parent.

For judicial decisions, the valuation is automatically implemented by Aripa every year according to date and index Insee: titleContent fixed in the decision.

In the case of other enforceable titles, maintenance is increased automatically by Aripa every year on the anniversary. The Aripa applies the consumer price index for households as a whole or the planned revaluation clause in the title.

It shall end in the following cases:

  • In case of death of either parent or child
  • At the expected date in the enforcement order
  • If a new enforceable title abolish maintenance or end intermediation
  • On demand of a parent with the consent of the other parent (except in cases of domestic violence).

FYI  

if the maintenance debtor is insolvent or incarcerated, intermediation is suspended. In this case, the Caf or MSA may pay Family Support Allowance (FSA).

The service is free for the 2 parents (debtor and creditor). No fee is charged for its implementation.

In the event of a default, the debtor must pay management costs up to 7.5% the sum due for amicable recovery and 10% the backlog for forced recovery.

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