We know that parents must financially support their children until they are at least 18 years old, but did you know that children are also required by law to help their elders in certain cases?
We know that parents obviously have to manage the needs of their children until they reach the age of majority. But we know less that children, or even stepchildren, must, in turn, financially support their parents when this becomes necessary. This is what we call the maintenance obligation! Here’s what you need to know…
From a certain age, placing a person in a retirement home or EHPAD can become a necessity. But all this generates costs and the pension, sometimes meager, is not always sufficient to cover them. In this case, the children must bear at least part of the amount to be paid. “The maintenance obligation also exists for children vis-à-vis parents.“, confirmed Me Yvan Éon, notary at Notaries Office.
Justice therefore does not rely on the goodness of heart of children so that the elders are protected: it simply obliges descendants to cover certain costs such as food, clothing, care, etc. The amount of this assistance varies depending on depending on the income available to the person and their expenses, as well as the needs of the senior.
While generally children must help their ancestors, there are some exceptions, notably if the parents in need did not raise their son or daughter or if they committed a crime. In this case, a procedure to contest alimony is launched. As for the adopted child, he is concerned by the maintenance obligation towards his parents, but not towards his grandparents.
Clearly, if an elderly person is in financial need, their spouse will have to help them financially, but if this is not possible, the task falls to the children or, where applicable, the grandchildren. It may happen that the maintenance obligation concerns stepchildren if the income of family members is not sufficient to help the elderly person. The good news? Alimony paid to a parent is tax deductible!
