What is the use of pension?
Definition
Support is a financial contribution paid to the parent who provides the child’s main care. That is to say, the parent in whom the child usually lies.
The costs covered by alimony
Alimony covers:
- the costs linked to the daily life of the child (food, clothing, transport, housing, leisure, canteen, vacation, pocket money …);
- Particular or exceptional costs (medical costs, private tuition fees, driving license, etc.).
Is it mandatory to pay alimony?
The payment of alimony is a legal obligation. It applies to the parent who does not exercise parental authority, as soon as a parentage link is established with her child. The same goes for an adoption. Alimony is due until the child is major isfinancially utonoma.
Under what conditions is the alimony paid?
Amount of pension fixed amicably or by the judge of family affairs
In the event of a break from PACS, a separation of body, a divorce by mutual or judicial consent, the amount of the pension can be fixed amicablydepending on the parents’ income and the child’s needs.
In the event of disagreement, the family judge fixes the amount. The parent who does not exercise parental authority may be forced to pay alimony to his child. This payment is completely independent of any family and social service or rent paid to the creditor spouse.
Alternating custody
If the method of guard ordered by the family judge is alternating residence, the magistrate must take into account the disparity existing between the income of the two parents.
Case of alternatives outside marriage
After the separation of an unmarried couple, the payment of alimony is compulsory and only concerns children. It is paid by the parent who does not have custody of the child and is not responsible for children on a daily basis. Each parents must contribute to the maintenance and education of children, “in proportion to their resources, those of the other parent, as well as the needs of the child” (article 371-2 of the Civil Code).
How to ask for alimony?
Amicable: write a private agreement or a parental agreement
In the case of amicably alimony, the parents set their amount in a Private seal convention written by their lawyers. It contains the amount, the date of payment and the annual revaluation of the pension.
If separation does not imply the use of a lawyer, parents can write a parental agreement which sets everyone’s financial obligations. It is advised to make it approve with the family affairs judge in order to compensate for any problem in the event of non -payment of the pension.
In the event of disagreement: Use the family affairs judge
If parents fail to agree on the parental agreement, they must turn to the family judge of the judicial court of their place of residence. They can do this through their lawyer or request by filling out the CERFA form n ° 11530*11.
How is alimony calculated?
Parents’ resources and children’s needs
The amount of alimony can be determined amicably or by the JAF according to the justified resources of both parents and the needs of the child. Here are the criteria taken into account in the calculation:
- age of the child;
- food and clothing costs;
- tuition or studies costs;
- canteen costs;
- transport costs;
- sports and vacation activities, etc.
Income taken into account
Concretely, the amount of alimony takes into account the following elements, which must be justified:
- All parents’ income (net and gross wages, real estate or financial income, annuities or pensions, etc.).
- All incompressible charges (rents, reimbursements for consumer and/or real estate loans, insurance, heating and electricity costs, holiday and leisure budget, etc.).
The pension per child is evaluated Depending on a portion of the income from the debtor parentafter subtraction of a vital minimum equivalent to the amount of the RSA.
What is the amount of alimony for a child?
Estimate of alimony for a child: the indicative scale
There is no alimony scale established by law, but an indicative grid of the amounts of alimony to which the family judge refers to render his judgment. This grid determines an amount according to the parents’ income and the life methods of each of them.
Note : The indicative grid 2025 is not yet available.
Simulator to estimate the amount of the pension
The Directorate of Legal and Administrative Information (DILA) provides a simulator to estimate the amount of the pension. The debtor parent must provide:
- His net monthly income
- The type of visit right (reduced, classic, alternate)
- The number of common children
He then obtained the rate applicable per child and the amount of the pension. Note that this amount is strictly indicative and that only the JAF is empowered to fix its exact amount.
Calculation of the annual alimony revaluation
The amount of alimony is revalued each year, since it depends in part on the evolution of the cost of living. To find out the revised amount, you must do the following calculation:
Initial amount of pension x Last index published on the date of revaluation / Last index published on the date of the title
The amount of the pension may also experience a increase, decrease or suppression Depending on the evolution of parents’ resources and the child’s needs. It is the family judge who decides, at the request of the debtor parent or the creditor parent, according to a life change of and justified life.
When and by whom is the alimony paid?
The alimony is paid from the day fixed by the judgment or the agreement.
Pension payment by Aripa (CAF)
Since January 1, 2023, it is the Alimony (ARIPA), an organization dependent on CAF, which takes care of the payment of alimony. This now concerns all situations, regardless of the type of decision:
- Judicial divorce or by extrajudicial mutual consent.
- Decision of the judge concerning the exercise of parental authority for unmarried or divorced parents.
- Enforceable title issued by CAF.
The only exception: if the two parents oppose it jointly or if the judge dismisses him.
A financial intermediation to fight against unpaid
This financial intermediation is automatic for any separation which took place from 2023, and aims to combat the risk of pension unpaid:
- CAF guarantees the good payment of alimony by intervening directly in the transaction.
- CAF itself recovers alimony to pay it to the parent concerned.
When does the payment of alimony stop?
The child’s maintenance obligation ends when they are able to assume themselves alone. The parent who pays alimony is therefore indebted even beyond the majority of the child. The law and the case law regularly and constantly recall that parents must help their child as long as their studies last, and until they benefit from regular income at least equivalent to the minimum wage.
The debtor parent can then Pour the amount of alimony On an account opened in the name of his child who has become an adult, who must justify his inability to provide alone to his needs.
What to do in the event of non -paid alimony?
According to the Ministry of Health, around 30% of families who should receive alimony are victims of unpaid. In the event of non-payment of the pension, the creditor parent must first contact the other parent, in order to find an amicable agreement.
Since 2023, in the event of conciliation failure, the payment of the pension can be made by a third party, the CAF or the MSA. Indeed, if the parent does not pay alimony, the collection and intermediation agency of food pensions (Aripa) can:
- initiate recovery action;
- advance the payment of the pension.
Pension and taxes: What should be declared in 2025?
Alimony taxation
Tax, alimony is deductible from the income tax of the debtor parent, and therefore taxable by the creditor parent who receives it, provided that:
- Parents are imposed separately and if it is duly justified that the parent who does not hold parental authority cannot take charge of his child at his home.
- The costs generated by the exercise of the right of visit and accommodation do not open up any tax deduction.
For alimony paid to a major child
Concerning the tax declaration 2025 on income from 2024, if the adult child has his main residence at the imposed parent:
- It is possible to deduct a lump sum of 4,039 euros per child (for accommodation and food).
- Other costs (schooling and health) can also be deducted (on supporting documents), with a Ceiling of 6,794 euros in 2025 per child.
The ceiling is brought to 8,079 euros in both cases following:
- The adult child is single, in charge of family and his parent is the only one to provide for his needs
- The child is married or pacsé and his parent is the only one to provide for the couple’s needs
For a child who is not accommodated year -round
If the child is not hosted all year round, the sum of tuition, food, health or rent costs is reduced in proportion to the number of months concerned. If a month is started, it is counted in full.
What tax reduction in the context of alimony paid to an ascendant in need?
When a taxpayer hosts an ascendant in need-whether it is a parent, a grandparent or a great-grandparent-he can benefit from a lump sum deduction of his income, without having to provide supporting documents. This sum, fixed at 4,039 euroscovers accommodation and food costs.
If the ascendant concerned is aged Over 75 yearsthe flat -rate deduction is granted provided that its annual resources do not exceed the ceiling fixed for the allocation of solidarity to the elderly (ASPA), either 12,144.27 euros For a single person and 18,854.02 euross for a couple.
Furthermore, if the taxpayer pays alimony to his parent under the maintenance obligation, he can deduce the full amount, subject to being able to justify the payments, as well as the nature of the expenses incurred (invoices, bank statements …). This pension can also take the form of direct management of certain costs, such as those related to health or accommodation in retirement homes.
Until what age should alimony be paid?
The parent must pay alimony until the child is financially independentthat is to say that he can meet his needs. The creditor parent must provide proof that the child, adult or not, is not independent. It may be a certificate of education to prove the pursuit of studies or an enrollment in France Work to prove the search for a job.
What differences between alimony and compensatory allowance?
The alimony should not be confused and the compensatory allowance.
- Support is intended to help the parent who only perceives it for the maintenance and education of the child.
- The compensatory allowance is intended for the spouse in order to fill the loss of income caused by divorce.
