10 Questions About Child Support – Being Parents
When a couple with children separates or divorces, one of the trickiest questions is that of child support. This is a very sensitive subject which gives rise to many doubts and can be the source of major legal disputes.
In reality, alimony proceedings are not only between ex-spouses. Indeed, an adult child can also sue his parents to obtain a pension.
In the rest of this article, we’ll cover ten questions to take away any doubts you may have about child support.
What is alimony?
It is the right of children to demand from their parents the means necessary for their subsistence. The pension does not refer exclusively to food. It also includes the cost of education, clothing, health, housing, recreation and all that is necessary for the full development of the child.
Who has to pay child support?
The French Civil Code stipulates that both parents must contribute to the financial needs of their children. However, it is usually the non-custodial parent, that is, the parent who does not live with the child, who must pay the support. Indeed, it is appropriate that the other parent must assume the daily expenses.
How is the pension calculated?
Alimony can be defined by mutual agreement between the parents. However, when the spouses do not reach an agreement, legal proceedings can be initiated. The law sets a minimum amount. Factors such as the number of children and the income of the relevant parent should be taken into account in the calculation.
What about extraordinary expenses?
There are extraordinary expenses which are impossible to foresee and which therefore cannot be included in the amount fixed for the pension. However, if stipulated in the court judgment, these expenses are usually divided equally between the two parents.
What happens if the parents live together?
The obligations of parents towards their children have nothing to do with their marital status. Alimony is applied in exactly the same way if the parents are (or have been) married, or if they are not married.
Who is entitled to alimony?
Minor children are entitled to alimony. In general, it is the parent with whom the child lives who requests and receives support on behalf of the child. However, we should not confuse things. The parent receiving the pension is not the beneficiary of the pension. Indeed, he is only the guardian of the beneficiary, namely the child.
Children of full age also have the right to claim alimony. We will see that later. More generally, alimony can refer to the help that family members are required to provide to each other. And this towards their husbands, their parents and their children.
What happens in the event of non-payment of the pension?
It is a court decision that determines the payment of alimony . In the event of non-compliance with the judgment, the other party may initiate enforcement and seizure proceedings. The non-payment of the maintenance allowance can be considered as an offense of family abandonment and can lead to the loss of parental authority.
Can the amount of child support change?
Economic conditions can change, for better or for worse. Therefore, the judge can change the amount of the pension if the request is justified.
What is the maximum age for requesting support from parents?
Even if a child is of age, the parents remain responsible for providing for their needs. In addition, there is no predefined maximum age with regard to this obligation. However, the Civil Code establishes that children enjoy this right until they are economically independent.
What happens if an adult child becomes too dependent on his parents?
Some children prolong their studies excessively or cannot find a job and become a real economic burden for their parents. Indeed, this situation is more and more common.
In these cases, the parents can ask for the extinction of the alimony. It will then be a judge who will decide according to the evolution of the child in his studies and his real efforts to be financially independent.
