How is the amount of maintenance payments determined?

Child support (pension alimentaire) is a financial obligation that one parent pays to the other to contribute to the maintenance and education of your children. It covers essential needs (e.g., food, housing, clothing, healthcare, schooling, and leisure activities) and applies regardless of the children’s residence arrangements or the exercise of parental authority (autorité parentale).

This contribution may be set by mutual agreement between you, in particular through an agreement in a divorce by mutual consent (divorce par consentement mutuel), or by a decision of the family court judge (juge aux affaires familiales) in the event of disagreement. In all cases, it must respect the best interests of the child and be based on a fair assessment of your respective situations.

The criteria taken into account when setting the amount

1. Your respective resources: your income (salaries, social security benefits, rental income, assets, etc.) and your regular expenses (housing, loans, other dependent children, etc.). These factors are used to assess your ability to contribute.
2. The residence arrangement chosen:

• If the child lives mainly with the other parent, you will in principle pay that parent child support.
• With alternating residence (résidence alternée), child support may be reduced or eliminated, except where there is a significant difference in income between you and the other parent.

1. The child’s needs: their age, health, education, extracurricular activities, or any specific needs (particularly in the case of disability), in order to assess the amount necessary to maintain a stable and appropriate standard of living.
2. The child’s standard of living before the separation: the aim is to ensure continuity, including usual expenses such as vacations, school supplies, or childcare costs.

Please note that you can request a revision of the child support if your financial situation changes significantly (job loss, increase in income, birth of a new child) or if the child’s needs change (education, specific care, etc.).

With regard to tax implications. If you pay child support set by a court judgment or an approved agreement, you can in principle deduct it from your taxable income, provided that you do not claim the child as a dependent.

If you are the recipient parent, you must declare the child support as taxable income.

I help you establish your children’s needs and assert your rights in your best interests and those of your children.

This general information does not replace a consultation: each situation requires individual assessment.