In the event of divorce or separation, one of the parents will have to pay alimony to participate in the education of the children. How is this amount calculated? A specialist lawyer reminds you of the elements to take into account.
When parents separate or divorce, one of the two – depending on the financial resources of each – is obliged to pay alimony in order to contribute to the costs related to the maintenance and education of the child. According to article 371-2 of the Civil Code, “each parent contributes to the maintenance and education of the children in proportion to their resources, those of the other parent, as well as the needs of the child.” This legal obligation must be paid regardless of the type of care, whether reduced, classic or alternating (payable by those who have higher income). It allows you to pay part of the costs incurred for the child. For example, to pay for food, clothing, transportation, studies, etc. But, more concretely, how is alimony calculated? Anne Marion de Cayeux, lawyer specializing in family law and amicable resolution of separations, helps us see things more clearly.
Have you just separated from your ex-spouse and are waiting to know how much will be paid to you? First of all, know that the amount of alimony is set according to the parents’ income and the child’s needs. On the Public Service website, a simulator allows you to estimate the amount of alimony and even if this provides an initial indication, it is absolutely not 100% reliable.
From a practical point of view, here is what it comes out of: your ex-spouse earns 2000 euros net per month. He benefits from traditional visiting and accommodation rights corresponding to every other weekend and half of the school holidays. You have 2 children. According to the estimate, the amount of alimony would be 157 euros per month per child for a total alimony of 314 euros. There is also an indicative calculation scale which “gives indications on the percentage of taxable income that the debtor should pay to his ex-spouse hosting the children. This scale is, however, imprecise and incomplete”nuance the professional. Remember that these online tools have no legal recognition. Let us remember that only a judge sets the final amount of the pension, depending on the specific situation of the parents.
The lawyer therefore recommends “list the income and incompressible expenses of each person”regarding housing, taxes for example. Afterwards, “you add the two available incomes after deduction of expenses and calculate a pro rata contribution of each parent to the children’s expenses” this will allow you to establish an overall budget. Don’t forget to “provide in your agreement at what time of the year you will inform each other of your income and to define together the budget for the children’s expenses and how to cover them” advises the professional.
This alimony can obviously change over time and can very well be revisited if changes in income occur. Remember that payment of alimony is obligatory. If the parent paying the pension does not pay for more than two months, you have the right to file a complaint.
