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What is alimony?
This is afinancial aid that we pay to a person (children, spouse, parents) to whom we are bound by an “obligation of help”. Following a separation or divorce, the alimony paid to the other parent for the needs of the children is called the “contribution to the maintenance and upbringing of the children”. Its amount is set by the family court judge.
In the event of a change of situation, following a judgment, this amount may change without the need to appeal. Revisable upwards or downwards, alimony is also likely to be withdrawn depending on the case. The creditor parent or the debtor can request its review.
What changes lead to a review of alimony?
As examples, some new situations such as:
- A decrease in the resources of the debtor or the creditor,
- The increase in the needs of the child or children,
- Remarriage or the arrival of a new child in either household
… Can justify a request for review of maintenance. Whether or not you agree with your ex-spouse on the amount of the new alimony, your agreement must be approved by the family affairs judge (JAF), who will check whether the amount envisaged by both parties is justified.
How to request a review of my support payments?
You can apply on your own, using an official form, accompanied by supporting documents, or call a lawyer. In view of the elements provided by you, the pension may be reassessed, upward or downward, or even suppressed. Please note that this deletion can also be retroactive. That is to say that the creditor parent may have to reimburse part of the amount of the pension awarded.
To discover in video: How to lower alimony?
In video: How to lower child support
Other cases of review of alimony
Did you know ? The amount of your alimony may be revised according to the evolution of the consumer price index. The divorce decree or order indexes the pension to a benchmark consumer price index, and sets a date by which the pension must be reassessed. Usually this is an annual date.
The calculation formula for estimating the pension : multiply the amount of child support by the new monthly index and divide the total obtained by the old index. Very practical to calculate the new amount of your pension. And there is no need, in this case, to launch a review procedure with the family court judge. So, do not hesitate to use the online simulator on the INSEE website.
More info on:http://www.justice.gouv.fr/, https://www.service-public.fr/
Watch our video article:
Do you want to talk about it between parents? To give your opinion, to bring your testimony? We meet on https://forum.parents.fr.