The maintenance obligation is not an ax at 18. In a judgment rendered on March 4, 2026, the Court of Cassation recalls that an adult child who cannot provide for his or her needs can ask his or her parents to continue to finance your education and living expenseseven if alimony is already paid for his minor brothers and sisters. “A parent who pays support in execution of a judgment cannot stop paying automatically at 18 years of age. To be discharged, he must refer the matter to the family affairs judge.underlines Maître Benjamin Boulard, lawyer at the Paris Court of Appeal.
This decision, which is part of a consistent case lawis of particular interest to master’s students, schools or precarious professional integration. Because an adult child remains, according to the judges, presumed to be in need as long as he pursues serious studies or seeks employment. He can then refer the matter to the family court judge himself (JAF) to obtain a fixing or revaluation of the pension. For debtor parents, the issue is also fiscal: the pension paid to an adult is deductible with a ceiling.
Conditions for obtaining or extending a pension after 18 years
“ For an adult child who is a student, case law considers that he cannot, in principle, provide for his own needs alone. », recalls Maître Boulard. However, in order to benefit from or maintain a pension, he must demonstrate that he remains in need : pursuit of a real and serious course, attendance, proof of schooling, absence of stable resources. Conversely, lasting employment, a sufficient salary or dropping out of studies can justify the elimination of the parental contribution.
How to contact the family court judge?
The child can act directly against his parents, or the parent who assumes responsibility can request an additional contribution. The JAF appreciates each person’s resources and the needs of the student. The approach involves provide evidence : schooling certificates, results, proof of resources, job search, etc. Once the pension has been fixed, it is up to the debtor parent to prove that the conditions have changed in order to request its reduction or elimination.
A system with a significant tax impact
“In practice, parents can therefore be civilly obliged to pay a pension to an adult child who is a student, and correspondingly benefit, subject to the ceilings, from a tax deduction”notes Maître Boulard. Thus, the amounts paid to an adult child are deductiblewithin the annual limit of 6,794 euros for 2026. Families must also decide between this deduction and the tax attachment of the adult child, which is often more interesting only when the child has a low income.
