Child support or maintenance, at the heart of family obligations, is a central issue in parental and marital relations, particularly in the event of separation or divorce.
This article looks at how child support is calculated, the factors that determine its amount, how it can change, and the remedies available in the event of non-payment.
1. Definition and legal framework of child support
Child support arises from the obligation to support and educate children, as set out in article 371-2 of the French Civil Code.
This obligation is incumbent on both parents, even in the event of separation, and is designed to guarantee the child’s basic needs, such as food, housing, education and medical care.
It may also concern other family relationships, such as ascendants or descendants, under articles 205 to 207 of the Civil Code, which establish a reciprocal obligation to provide maintenance between parents and children in need.
2. Calculating child support
The amount of child support is based on a number of criteria, assessed by the Family Affairs Judge (JAF).
In the absence of an agreement between the parties, the judge bases the amount on :
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- Parents’ income: This includes salaries, capital income, pensions or allowances received.
- Parents’ expenses: Expenses such as rent, loans, taxes or the upkeep of other children from another union are taken into account.
- The child’s needs: The judge examines expenses related to schooling, health, extracurricular activities, as well as the family’s previous lifestyle.
- Living arrangements: The calculation of the child support varies according to the visiting and accommodation rights exercised by the debtor parent (classic, reduced or alternating residence).
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An indicative scale published by the Ministry of Justice is often used as a decision-making tool, but it is non-binding, leaving the judge a margin of appreciation.
3. Changes in maintenance payments
A) Revision of the amount
The amount of child support may be revised upwards or downwards if new circumstances influence the resources of the debtor or the needs of the creditor.
These circumstances include
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- Loss or increase of a parent’s income.
- An increase in the child’s needs, such as unforeseen medical expenses.
- remarriage or a new family burden for the debtor.
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In the absence of agreement between the creditor and debtor, any request for revision must be addressed to the JAF, who will examine the new elements justifying the modification.
B) Annual indexation
In principle, child support is subject to annual indexation, based on a reference index published by INSEE.
This measure is designed to offset the impact of inflation on the child’s needs and the debtor’s ability to pay.
4. Recourse in the event of non-payment
If the maintenance debtor fails to meet his or her obligation, several legal remedies are available to ensure recovery:
A) Forced collection
The creditor may initiate forced collection procedures, such as :
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- Direct payment: Allows the creditor to collect the child support directly from the debtor’s employer or bank.
- Attachment of wages: This procedure enables the creditor to recover the sums owed directly from the debtor’s income.
- Public collection: The public prosecutor can intervene to order the Treasury to act on behalf of the creditor. The sums are then deducted and paid to the creditor by the social security fund.
B) Criminal penalties
Non-payment of maintenance for more than two months constitutes the offence of family abandonment, punishable under article 227-3 of the French Penal Code.
This offence is punishable by 2 years’ imprisonment and a €15,000 fine.
C) Social assistance
The creditor may also apply for public assistance, such as the family support allowance (ASF), paid by the CAF.
The CAF then turns against the debtor to recover the sums advanced.
Conclusion
Child support is an essential obligation to guarantee the needs of children within the family.
The amount, set by the judge or by agreement between the parents, can be revised if personal circumstances change.
In the event of non-payment, recovery mechanisms and penal sanctions exist to protect the rights of the creditor.
It is therefore essential for the parents concerned to fully understand their rights and obligations, and to seek legal advice if necessary.