Alimony: how is it fixed?

How is support for my children determined?

The parent to whom the child has been entrusted during a séparation or divorce receives alimony intended to cover the needs of his or her children. And that until their majority and more; until the financial autonomy of the children of the family. It is during the divorce proceedings – or after – that the amount of this pension is set by the family court judge. To apply to the family court judge and ask him to fix alimony, you can fill out this form. The payment of alimony also concerns children in joint custody, if the family court judge considers that there is a significant disparity in income between the two parents.

When the former spouses were not married – and therefore in the absence of a divorce – alimony is still paid. In this case, it is necessary to seize the judge in the family affairs, which will rule on the amount of the maintenance allowance, and possibly the modalities of custody of the children.

What are the criteria for calculating the amount of support?

Those are the income and expenses the person paying the support (usually the parent who does not have custody of the child) as well as the needs of the child which are taken into account for the calculation of the support. This must cover its maintenance and education costs such as: the purchase of clothes, food, accommodation, leisure, vacations, care, class materials, medical costs … Very often, it takes the form of a financial contribution, a sum paid each month, but it can also constitute a payment for certain sports activities or the purchase of clothes. You can simulate the amount of the maintenance allowance of your child.

To discover in video: How to lower alimony?

In video: How to lower alimony?

The amount of child support may change

Each year, the evolution of consumer prices has an influence – upward or downward – on the amount of support. For this, we must refer to the divorce decree which indexes the pension on a benchmark consumer price index. A decrease in resources, an increase in the child’s needs, a remarriage or the arrival of another baby in one or the other of the households can also cause a revision of the pension. To find out all about how to review your pension, read our article How to review support?

Support payments not paid: what to do?

In the event of non-payment, you can turn to CAF for help! The CAF or the MSA are responsible for paying you a family support allowance (ASF), considered as an advance on the alimony which is normally due to the children. This guarantee is valid when the “debtor” has not paid alimony for 1 month and the children are the responsibility of the creditor… Download your ASF request online

Be careful not to confuse alimony with the compensatory allowance – paid in certain cases by one of the former spouses to the other – to make up the difference in standard of living after a divorce.

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