When a child reaches the age of majority, i.e. 18 in France, it marks an important stage in his or her life.
However, contrary to popular belief, coming of age does not automatically put an end to parents’ obligations towards their child.
French law provides a framework for these obligations, which can extend well beyond the age of majority, depending on the circumstances.
This article explores the rights and duties of parents towards their adult children, particularly in terms of alimony and material and moral support.
Parents’ legal obligations towards a child of full age
1. The principle of the duty of maintenance and education
Under article 371-2 of the French Civil Code, parents are obliged to contribute to the maintenance and education of their children « in proportion to their resources, those of the other parent, and the needs of the child ».
This obligation does not automatically cease when the child reaches the age of majority. It can continue as long as the child is not financially independent, which is often the case when he or she is studying, looking for work, or facing specific difficulties such as illness or disability.
2. Criteria for maintaining the obligation
The maintenance obligation of parents is based on several criteria, including :
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- Pursuit of studies: A child of full age may continue to receive support if the studies he or she is pursuing are of a serious and genuine nature. Judges take into account factors such as attendance, academic results and the professional interest of the studies chosen.
- Job-seeking: If the child is actively seeking employment after graduation, parents may be required to continue supporting the child.
- Special cases: In the event of illness, disability or other circumstances preventing the child’s autonomy, the parents’ duty may be extended indefinitely.
How the obligation to provide maintenance is enforced
1. Child support
The parents’ contribution often takes the form of child support.
This may be paid to the parent with whom the child mainly resides, or directly to the child.
The family court judge may decide that the child should receive the child support payment directly, particularly if he or she is acting on his or her own behalf to claim it.
2. Duration and termination of the obligation
Child support ceases to be payable when the child becomes financially independent.
This may result from the child obtaining stable employment or sufficient income to support himself.
However, if the child voluntarily gives up work or studies, the parents can ask the judge to cancel the obligation.
Limits to parental obligations
1. No absolute right
The maintenance obligation is not automatically maintained.
The child must prove that he/she is still in need and that the request is legitimate.
Failing this, parents may be exempted from their maintenance obligations.
2. Cases of exemption
Parents may be exempted from their obligation in the event of serious failure by the child to fulfill his or her family duties.
In addition, situations of abuse or instrumentalization of the maintenance obligation may lead to its revision or cancellation.
Parents’ rights towards a child of full age
While parents’ duties have been extended, they also retain certain rights vis-à-vis their adult children.
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- Information on the child’s situation: Parents have the right to be informed of their child’s situation, particularly with regard to his or her studies or job search. Failure to provide this information may justify a request to withdraw or revise the child support.
- Legal recourse: Parents may apply to a family court judge for a review or withdrawal of child support if the initial conditions for its continuation are no longer met.
Conclusion
Parents’ obligation to support their children does not automatically end at the age of 18.
It can be extended well beyond that, provided the child can prove his or her need and efforts to achieve autonomy.
These obligations are, however, accompanied by rights for parents, who can request a review of their contribution in the light of changes in the child’s situation.
Thus, while recognizing the importance of family solidarity, French law is careful to strike a balance between the duties of parents and the responsibilities of children who have come of age.