Can maintenance be claimed when the child is of age?

Verified 02 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, it is possible if the parent who assumes it alone faces difficulties or if your adult child cannot support himself or herself and none maintenance has never been fixed.

Who can claim this maintenance? How do I do it?

We present you with the information you need to know.

Requested by a parent

The request can be made when no support has ever been provided and that you are the sole caregiver of an adult child who is financially dependent on you.

Your adult child is considered not to be financially independent when he or she cannot support himself or herself. For example, if he does not have an income because he is pursuing an education or if his income is not sufficient because he works part-time, on an interim basis, or is in vocational training.

Your adult child must justify his or her situation to the parent to whom support is requested. These documents must indicate that he is pursuing his studies (school certificate), looking for a job or training.

There's no age to apply for maintenance.

This aid can be paid to you or paid for directly to the adult child in whole or in part.

If the two parents agree

If you (the 2 parents) agree, you can agree on the form and conditions of payment of this maintenance obligation.

It is recommended that you write a parental agreement which must be dated and signed.

This agreement may be certified by the Jaf: titleContent to give her the same value than a judgment.

Who shall I contact

This obligation shall be laid down in accordance with resources and expenses of each and needs of your child.

In case of disagreement

The Jaf: titleContent may be seized by the parent applying for maintenance.

Before any proceedings before the Jaf: titleContent, a attempt to reconcile must be done.

This attempt can be made by addressing a mail inviting the other parent to reach an agreement. The intervention of a family mediator of the court or tribunal CAF can help you reach an agreement.

If you have not made this reconciliation attempt, the Jaf: titleContent may propose a mediation measure.

The application for maintenance is made using a form:

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

The application must be made to the court on which the domicile of the parent who is primarily responsible for the adult child depends.

Who shall I contact

The lawyer is not obligatory for this procedure.

FYI  

in case ofadoption simple or plenary of your child, the maintenance request is directed against the adopter. The biological parent is no longer obliged to pay that support. However, it must pay it if the adopter is unable to pay it.

Forced recovery procedure

If maintenance is not paid, it may be claimed by a procedure of forced recovery.

It exists various possibilities for recovering sums.

Criminal proceedings

Failure to pay support for at least 2 months constitutes a abandonment of family.

This offense is punishable by up to 2 years in prison and €15,000 of fine.

A parent who does not receive support may complain. It may also send a letter to the public prosecutor of the court on which the parent's domicile depends debtor.

Requested by an adult child

It's possible when no support has ever been provided and that you cannot meet your basic needs (accommodation, food, care...).

You are considered not financially self-sufficient when you cannot support yourself. For example, if you have no income because you are a student or a trainee, or if your income is not sufficient because you are part-time, acting, unemployed...

You have to justify your situation to the parent from whom you are applying for support. Your documents must indicate that you are continuing your studies (school certificate), looking for a job or training...

Whatever your age, you can apply for child support from your parents or one of them, whether they are separated or not.

We're talking aboutmaintenance obligation.

The maintenance obligation may be paid in the form of a amount of money paid monthly. It can also be paid in kind. This is the case, for example, if you are accommodated and fed for free at this parent's home.

In case of agreement

If you and your parents are all right, all right, you may agree on the form and conditions of fulfillment of this maintenance obligation.

It is recommended that you write a convention which must be dated and signed. This agreement may be certified by the Jaf: titleContent to give her the same value than a judgment.

This obligation shall be calculated in accordance with resources and expenses of each and your needs.

FYI  

if you have been adopted (simple or plenary adoption), the maintenance request is directed against the adopter. Your biological parent no longer has to pay you this support. However, it must pay it if the adopter is unable to pay it.

In case of disagreement

You can enter the Jaf: titleContent.

Before any proceedings before the Jaf: titleContent, a attempt to reconcile must be done.

This attempt can be made by addressing a mail inviting your parent to reach an agreement. The intervention of a family mediator of the court or tribunal Caf can help you reach an agreement.

If you have not made this reconciliation attempt, the Jaf: titleContent may propose a mediation measure.

The application for maintenance obligations in the Jaf: titleContent is done using the cerfa form n°15454:

Application for maintenance - Referral to the Judge for Family Affairs

Your application must be addressed to the court on which your domicile depends.

Who shall I contact

The lawyer is not obligatory for this procedure.

Please note

only the parent who provides proof that he is unable to pay this maintenance obligation may request to be relieved of this obligation. For example, if the parent is a beneficiary of active solidarity income (SSA).

Forced recovery procedure

If support is not paid, you can get it with a procedure of forced recovery.

It exists various possibilities for recovering sums.

Criminal proceedings

Failure to pay support for at least 2 months constitutes a abandonment of family.

This offense is punishable by up to 2 years in prison and €15,000 of fine.

If you do not receive support, you can complain. You can also send a letter to public prosecutor of the court on which the parent's domicile depends debtor.

Who can help me?

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