In the case of divorce or separation, the family court fixed the amount of the pension paid by one of the parents for the education of children. In the case of separation of parents, custody and the accommodation of children can be entrusted to one of them, with the granting of visitation rights to the otherIn principle, the one who does not have custody must pay to the other parent a pension to participate in the maintenance and education of his children (articles and - and - of the French civil Code). In case of alternating custody, even if it results in a distribution of equivalent time for each parent, the payment of maintenance by one who has the higher resource is not excluded. The pension is set depending on the guard mode, the number of children, their needs and incomes of the one who pays but also of those who perceive it. If the parents do not agree, it is the family court fixed the amount of the pension. Account must be taken of all the children of the debtor, regardless of the union from which they are derived, and the budget required for each of them: food, housing, transportation, clothing, health (for example, if a child needs a change of glasses every year or needs orthodontic care). Are taken into account the resources and taxable replacement income (unemployment benefits, benefits of sickness Insurance, retirement pensions) after deduction of the subsistence minimum equivalent to the amount of the RSA, that is to say, April. A a percentage is then applied according to the type of care and number of children. It takes on average between eight and ten resources per child The judge also considers the income of the parent who receives the payments. The payment of child support has priority over all other expenditures of the debtor. In, the ministry of Justice has published for the first time, a table reference to assist judges in family cases to determine alimony in case of separation of parents. This schedule, updated regularly, has only an indicative value The judge is not obliged to comply with it, even if, in fact, the amounts decided are on the whole very similar to those which are indicated. The last schedule published by the department date of June With a child whose custody has been awarded to the mother, the right of visit and accommodation classic, and resources taxed monthly for an, the guidance as to the amount of the pension paid by the father will be per month. With two children whose custody has been awarded to the mother, the right of visit and accommodation classic, and resources taxed monthly for an, the guidance as to the amount of the pension paid by the father shall be per child, or per month. With three children whose custody has been awarded to the mother, the right of visit and accommodation classic, and resources taxed monthly for an, the guidance as to the amount of the pension paid by the father will be per child, $ per month.
For resource of per month, for a child, the pension would be of for two children, per child, to three children, per child, night per month.
A time fixed by the judge, the pension is uprated every year according to the mode of calculation specified in the judgment - often the price index for consumption.
You will find the calculation of the revaluation on the annual site insee.
The pension which has been set can be modified - but only by the judge of family affairs - if there are significant changes that justify it (article of the civil Code). For example, when the debtor or the person who receives the pension is facing a decline or a significant increase of income, but also when the child's needs change. It is then necessary to have recourse to the courts, and fill out the form Cerfa n° * (download here), that he make a new judgment.
