Maintenance for a child: amount, payment and revision
Verified 21 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Do you disagree with the other parent about the amount of child support to be paid to your child? In the process of separation, do you want to formalize the payment of maintenance? Or have you lost your job and you can no longer pay the amount of maintenance set by a judgment? We explain how to have the amount of support fixed or changed.
Maintenance is a financial contributionpaid by one of the parents to the other to contribute to the costs of maintenance and to education of the child.
The amount shall be fixed according to of income parents and needs of the child.
This legal obligation is due, as soon as a link from parentage is established, including adoption.
The parent not exercising parental authority may be required to pay child support.
Maintenance may be paid, regardless of whether the child is in conventional guard or alternate guard.
Maintenance payments may continue after the majority of the child, if his needs so warrant.
Maintenance contributes, in whole or in part, maintenance and education needs of your child.
It covers daily living expenses such as food, clothing, transportation, accommodation costs, leisure, canteen, etc.
Plus maintenance, participation in costs may be provided for by your divorce judgment or amicable agreement.
These special costs are of different kinds, such as:
- Medical expenses not covered by social security or mutual insurance
- School, linguistic or educational travel expenses
- Private tuition
- Driving license
- Mobile phone subscription, pocket money
- Nursery fees and childcare arrangements
- Leisure, sports, artistic and extra-curricular activities...
You can fix it amicable the amount of maintenance in an agreement (parental agreement or divorce agreement).
In case of disagreement, maintenance may be fixed by Jaf: titleContent.
By mutual agreement
Your amicable agreement may involve a divorce by mutual consent, legal separation or separation of parents.
Divorce by mutual consent
In case of divorce by mutual consent, the amount of maintenance shall be fixed in your convention written by your lawyers.
The divorce agreement shall determine the amount, the date of payment and the annual revaluation.
Body Separation
In case of legal separation by mutual consent, the amount of maintenance shall be fixed in your convention written by your lawyers.
The agreement on the separation of bodies and property shall determine its amount, date of payment and annual revaluation.
Separation of parents
If you are separate of the other parent (termination of cohabitation or dissolution of the Civil partnership) you can write a convention, called parental agreement.
This Convention set the contribution from everyone to the care and upbringing of your child (child support).
You can use the following templates:
Model parental agreement - Alternate residence
Model parental agreement - Residence and rights of access and accommodation
You can ask type-approval of the Convention to Jaf: titleContent.
Joint request for the approval of a parental agreement
Your request for approval must be addressed to the Jaf: titleContent of the place of residence of children.
You can also contact the Caf: titleContent or the MSA: titleContent for to draw up a parental agreement fixing the amount of maintenance.
By this agreement, you undertake to enter jointly theAripa: titleContent to request the issue of a enforceable title which enables the financial intermediation of maintenance payments.
You do not need to enter the Jaf: titleContent, or to call on a lawyer.
Who shall I contact
By the judge
The judge can decide on maintenance whether you are divorced or separated.
Divorce or legal separation
In case of disagreement, during your procedure, you must a request to Jaf: titleContent to determine the amount of maintenance, by through your lawyer.
Separated Parents
In case of disagreement, you can enter the Jaf: titleContent to have maintenance assessed.
You can enter it by request.
Application to the family judge (parental authority, right of access, maintenance...)
The assistance of a lawyer is not mandatory.
If you wish, you can call on a lawyer.
If your financial resources are insufficient, you can make a application for legal aid.
You can always to fix the amount maintenance amicable. Whether in the context of a separation, a breakdown of Civil partnerships or a divorce by mutual or judicial consent.
In case of disagreementNo, it's the Jaf: titleContent who sets that amount.
The amount of maintenance shall be determined on the basis of resources of the 2 parents, of guard mode and child's needs (age, health, disability...).
The factors taken into account in determining the amount of maintenance include the following:
- Tax Notice
- Documents to establish your income and expenses
The parent who justifies in front of Jaf: titleContent that he cannot meet that obligation may, exceptionally, be dispensed with.
Please note
revenue for new partners do not add up to the income of the debtor parent. However, they shall be taken into account in the furnace charges.
In order to estimate the amount of maintenance, a simulator is at your disposal.
This tool is based on your statements. The amount of support you will calculate using this simulator is strictly indicative.
The judge may to fix freely another amount depending on the particularities of your situation.
In the majority of cases, maintenance is a monthly paymentas stated in your agreement or judgment.
ExceptionallyHowever, maintenance may take other forms:
- Direct support for your child's expenses
- Enjoyment of property (example: housing)
Please note
the fact that the child is housed during the holidays does not lead to a reduction in the amount of the pension, since it must be paid 12 months out of 12.
You have to pay child support as of fixed day in your judgment or convention.
The payment of the pension does not cease automatically to the majority of your child. It continues until completion of his studies and sound acquisition financial autonomy.
Likewise, your adult child with a disability or protected major may continue to receive maintenance from his parents.
FYI
an adult child may to apply for maintenance to the family court judge on whose home he or she depends.
The maintenance review is defined as a adjustment of its amount.
Maintenance can be reviewed as your resources change (decrease or decrease) and your child's needs (higher education,...).
It may be fixed by agreement friendly.
In case of disagreement, you can enter the Jaf: titleContent who will decide on your request.
In case of non-payment of maintenance, you can request its overlay.
It exists various possibilities for recovering sums due.
Not paying child 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 person who does not receive maintenance may complain at a police station or gendarmerie. He may also lodge a complaint by post to the public prosecutor of the court on which the parent's domicile depends debtor.
Maintenance paid or received must be declared on the tax return from each of the parents.
Who can help me?
Find who can answer your questions in your region
If you want to set up financial intermediation or recover an unpaid pension
Agency for the Recovery and Intermediation of Maintenance Payments (Aripa)For all requests for legal information regarding support payments
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
Exercise of parental authority in relation to the child
Exercise of parental authority by separated parents
Intervention of the judge in family matters
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