Alimony

Alimony is one of the obligations that divorced or separated parents have. It stipulates that a pre-calculated sum of money must be paid by one parent to the other in return for a maintenance obligation.

It is important to point out that alimony is different from compensatory allowance, the aim of which is to compensate for any disparities that may exist between the two separated parents after the divorce.

Why pay alimony?

Maintenance payments give rise to rights and obligations for both divorced parents. One of the parents will have to pay a sum of money set by the State after calculation. The other parent will have an obligation to support the children by providing for their needs, in particular through this maintenance allowance.

In a family, there is no need for maintenance payments for the simple reason that both parents share the same roof and both contribute to the running of their household.

Article 203 of the Civil Code states that : "The spouses contract together, by the mere fact of marriage, the obligation to feed, support and bring up their children".. If one of the parents refuses to contribute to normal household expenses, the aggrieved parent may apply to the judge to ask the other parent to contribute financially to the various expenses that will affect the children's well-being and proper development.

However, when a separation occurs, the purpose of alimony is to help the parent with custody of the children to promote their healthy development. In order to benefit from this maintenance, one of the spouses must initiate divorce proceedings.

When both parents are unmarried, article 373-2-2 of the Civil Code highlights the following facts: "In the event of separation between the parents, or between the parents and the child, the contribution to the maintenance and education of the child takes the form of a maintenance allowance paid by one of the parents to the other, as appropriate. The terms and guarantees of this maintenance are set out in the approved agreement referred to in article 373-3-7 of the Civil Code or, failing this, by the court. This maintenance may in whole or in part take the form of direct payment of expenses incurred on behalf of the child. It may be paid in whole or in part in the form of a right of use and habitation".

Who is eligible for maintenance payments?

Maintenance payments can be made in two different ways. Firstly, it is used to maintain and promote the development of the minor children. In another situation, the spouse himself/herself may receive maintenance during the divorce proceedings, or even beyond the divorce proceedings in some cases.

Conditions for payment of maintenance

The obligation to pay maintenance, which must be for the purpose of supporting and educating the children, must first meet the condition of a parent-child relationship between the parent and the children, and not the step-parent.

The second condition is justified by the fact that the child is dependent on the parent. This implies that the child must not be entrusted to a third party or to child welfare services.

What are the benefits of alimony?

There are two ways of setting the amount of maintenance.

Firstly, this can be agreed between the separated parents. Generally, a mutual agreement can be reached in the event of a divorce by mutual consent.

Secondly, the judge will set the amount of maintenance. The judge will take into account the resources of the divorced parents, whether they are creditors or debtors, as well as the needs of the children in terms of their age, state of health, studies, etc. The judge may also take into account the indices given by INSEE (the French National Institute for Statistics and Economic Studies). The judge may also take into account the indices provided by INSEE.

It is important to note that if the separated parent paying maintenance is living as a couple, the judge will take into account the couple's total income. The reason for this is that the expenses are shared with the new partner.

What does the judge take into account when assessing the amount of maintenance?

In order to be completely impartial when the judge assesses the amount of maintenance, he or she takes the following factors into consideration:

• Average net monthly income of separated parents
• Spouses' additional income
• Rental income (if the property is let)
• Rents
• Credits
• The various taxes (income tax, council tax, property tax, etc.)
• Various bills (electricity, telephone, water, etc.)
• Insurance
• Mutual insurance companies
• Specific expenses relating to children, generally at the home of the parent with whom the children live.

Maintenance payments can be adjusted at any time. However, it is necessary for the receiving parent or the paying parent to request this. This may be due to an increase in the cost of living, a change in the circumstances of one of the former spouses or a change in the needs of the children.

If the separated parent receiving maintenance remarries or cohabits, the maintenance may change. Either the alimony is maintained if it is attributed to the child's healthy development. Or it is withdrawn if its purpose was to help the other parent.

It is important to note that maintenance payments made either to an ex-spouse or to minor children can be deducted from taxable income. However, they must meet a number of criteria, namely that the alimony was fixed by a court decision or that its real purpose is to meet the maintenance needs of the children, and that it is not superfluous.

The different forms of maintenance payments

The obligations of each of the co-parents lie in the need to provide for the education and maintenance of their children in order to ensure their well-being and proper development. However, these obligations also take into account the respective incomes of each parent and the needs of the children according to their age, state of health, etc.

The alimony contribution can take different forms:

• Or it is paid after the children have reached the age of majority. The reason for this may be to provide financial support for young adults in their university studies who have incomes below the minimum wage.
• Either it is set by the judge or the agreement submitted by the parents to the judge is approved by the judge. This gives rise to two possible decisions:
  • Alimony paid monthly.
  • A capital contribution. If the debtor has the necessary funds, this consists of replacing the maintenance payments by the payment of a sum of money to an accredited organisation. This organisation will be responsible for transferring an annuity to the child. There is also the option of relinquishing usufruct or assigning income-producing property.

Revision and revaluation of maintenance payments

The judge can determine a variation clause for maintenance payments. This clause takes into account the INSEE index.

In general, maintenance payments are increased every year, on the anniversary of the court decision.

In terms of revision of maintenance, the request must be made by one of the two separated parents. There are various ways in which this revision can be carried out, including an increase, a decrease or even a withdrawal of the maintenance allowance.