Alimony: how is it calculated and can it change?

La alimony is not an imposed “burden”, but a tool designed to maintain a child's balance, even when parents no longer live together. Understanding how you calculate it means avoiding unnecessary tensions and laying the foundations for a more serene organization.

What is alimony?

Alimony embodies a simple principle: each parent must continue to contribute to the maintenance and education of their child, even after a separation or divorce.

👉 To go further on the issues related to children after a separation, discover our page dedicated to custody and rights of children.

In practice, this means that each parent pays a sum of money to the other, in order to cover the child's needs: housing, food, education, health, activities... This obligation derives directly from article 371-2 of the Civil Code, which recalls that “each parent contributes to the maintenance and education of the children in proportion to his resources, those of the other parent, as well as the needs of the child”.

Alimony does not automatically stop at majority : it remains due as long as the child is not financially independent, for example when he is continuing his studies or does not yet have a stable income.

A distinction must be made between:

• Alimony : it covers current daily expenses.
• ‍Extraordinary expenses (orthodontics, school trips abroad, computer equipment, etc.): they are generally shared by half or in proportion to everyone's income, and must be planned or validated jointly.

How does the judge calculate alimony?

The calculation of alimony is not based on an automatic formula. The family court judge takes several factors into account in order to adapt the amount to each situation.

The criteria taken into consideration

• The income and expenses of each parent : salaries, rents, loans, fixed expenses. These financial aspects are often at the heart of disagreements during a separation.

👉 To better understand how money issues are handled in a divorce, consult our page dedicated to Money and separation.

• The needs of the child : age, health status, school fees, cultural or sports activities.
  
  
• The mode of care : shared residence, usual residence with a parent with visitation and accommodation rights.
  

The department's reference table

To guide decisions, the Ministry of Justice provides a Indicative scale, called the “reference table.”

This offers an amount according to:

• the income of the debtor parent,
  
  
• the number of children concerned,
  
  
• the type of custody.
  

⚠️ This scale is only indicative: the judge remains free to adapt the pension according to the realities of the case.

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“The judge is never limited to a simple mechanical calculation: he seeks a fair balance between the abilities of the parents and the real needs of the child.”

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Can alimony change over time?

Alimony is not fixed once and for all. It can be reviewed if the situation of a parent or child changes significantly.

Common cases of revision

• Income change : if one of the parents loses their job, experiences a drop in income, or on the contrary a significant improvement in their situation.
  
  
• New needs of the child : entry into higher education, specific medical follow-up, expensive activities.
  
  
• Change of custody mode : transition from a usual residence to shared custody, or vice versa.
  
  

How do I request a review?

• By amicable means : if the parents agree, they can agree on a new amount together and have it approved by the judge.
  
  
• By judicial decision : in case of disagreement, it is necessary to refer the matter to the Family Court Judge (JAF). The judge will examine the supporting documents provided (pay slips, certificates, invoices related to the child, etc.).

What recourse in case of non-payment?

Unfortunately, non-payment of alimony is a frequent situation and a source of great tension. However, the law provides for effective mechanisms to protect the child and the creditor parent.

Possible procedures

• Recovery by CAF (Agency for the recovery of unpaid alimony payments — ARIPA) : the Family Allowance Fund can advance the pension in the form of a family support allowance and take care of recovering the amounts due from the debtor parent.
  
  
• Direct entry on salary or bank account : by judicial decision, a court commissioner can set up a seizure to obtain payment.
  
  

Penalties incurred

Failure to pay alimony for more than two months is considered a Offence of family abandonment, punished by two years of imprisonment and €15,000 fine (article 227-3 of the Criminal Code).

The support of a lawyer: a key support

Faced with the financial and human challenges that alimony represents, the support of a lawyer is invaluable.

• Upstream : it helps to prepare the file, to gather the supporting documents and to negotiate a fair amount, to avoid disagreement turning into a conflict.
  
  
• Before the judge : it represents and defends your interests, ensuring that the decision takes into account both your resources and the real needs of the child.
  
  
• In time : it advises you on the possibility of a revision and accompanies you in the necessary procedures.
  
  

Child support is not only a question of numbers: it determines the stability of your child and the family balance after separation. To be well advised is to ensure that the solution found is fair and sustainable.

👉 Do you want to understand your rights or ask for a review of alimony? Contact me for a first confidential and personalized exchange.