On March 1, the new public service facilitating the payment of child support is put in place. How does it work, what changes? What you need to know about alimony.
Payment of alimony: what changes on March 1?
[Mise à jour du 1er mars 2022 à 9h21]. From March 1, 2022, the National Family Allowance Fund (Cnaf) and the Mutualité sociale agricole (MSA) generalize “financial intermediation” for new alimony fixed by a judge. From now on, it is these two public bodies that will automatically withdraw the amount from the spouse’s account who should pay child support. For the moment, only new maintenance payments recorded by a judge, in the context of a divorce with children, are concerned except in the event of refusal by both parents, but on January 1, 2023, the system will be extended to all other types of separations and divorces (divorces by mutual consent, decisions ruling on the exercise of parental authority, enforceable titles issued by the CAF and Msa funds, etc.). For pensions fixed before these dates, parents can make a request on the sites www.pension-alimentary.caf.fr Where www.pension-alimentary.msa.fr. This device allows:
- to guarantee to both parents the deduction and payment of child support on a regular date
- to pay a supplementary pension (the supplementary ASF) if the fixed pension is at a low amount
- prevent non-payments by verifying that the parent who must pay child support does so
- to initiate a recovery procedure from the first month of non-payment.
This new step in increasing the public maintenance service, led by Eric Dupond-Moretti, Keeper of the Seals, Minister of Justice, and Olivier Véran, Minister of Solidarity and Health, will therefore make it possible to better prevent the risk of non-payment and thus reinforces the security provided to single-parent familiessays the government,
What is the amount of alimony?
Paid by one of the two parents to the one who has custody of the child, the alimony makes it possible to cover the expenses related to the education and daily maintenance of the children. In case of divorce or separationit’s the family court judge who determines the child support amount depending on the situation of the parents. In France, the average amount of maintenance amounts to 170 euros per month and per child. She is determined according to the resources of the parent and the needs of the child. The Ministry of Justice has established a scale of alimony which gives a order of idea. It is defined according to the monthly income from which a “living minimum” of 550 euros is deducted.
How to calculate the amount of alimony?
If you want calculate alimony established by the Ministry of Justice due or to be received, you can consult the simulator proposed by the official site of the French administration.
For example, a parent who earns 1,500 euros per month would have an income of 950 euros after deduction. He will then have to pay alimony of 126 euros if he has one child, 216 euros if he has two children and 282 euros if he has three children. If he has income of 2000 euros (i.e. 1450 euros after deduction), the alimony amounts to 194 euros for one child, 330 euros for two children, and 432 euros for three children.
Do we have to pay alimony in shared custody?
If you have opted for shared residence, and you have jointly decided to respect the child support scale, you will have to pay the other parent 57 euros for one child and 100 euros for 2 children, if you receive a monthly income of 1,200 euros. If you receive 1500 euros per month, the alimony in joint custody will then amount to 84 euros if you have one child and 168 euros if you are the parents of two children.
What are the conditions for receiving alimony?
Alimony is determined by the family court judge during or after the divorce or separation. If they are not married, the parents have the possibility of establishing a parental agreement which freely sets the amount of child support.
How long can alimony be collected?
Alimony is payable as soon as the lawsuit is filed. It does not cease to be paid when the child reaches 18 years of age because it must continue until he acquires his financial independence, generally at the end of his studies. If the parents separate when they come of age, the child can file an application for child support himself by having recourse to the family court judge.
Payment of alimony: in what form?
Most of the time, alimony takes the form of a financial payment made every month by bank transfer, check… But alimony can also take the form of a direct payment of child-related costsan indexed annuity, assets in the form of usufruct or income-generating assets.
Alimony: what to do in case of non-payment?
If the parent who has to pay alimony does not fulfill his duties, his ex-spouse can put him on notice, to claim the payment thanks to an order or a judgment rendered by the family court judge who fixes the amount. All he has to do is send him a letter of formal notice with acknowledgment of receipt specifying the sums due. Since June 2020, the CAF can be seized to make the payment of the maintenance and thus reduce the delays in the event of unpaid.