Skip to content
Gaëtan EscudeyLawyer & Mediator · Paris Bar

Estimate support, prepare the negotiation

Child support (contribution à l’entretien et à l’éducation), spousal support during the proceedings (devoir de secours), a compensatory allowance (prestation compensatoire) at divorce: here I suggest indicative ballpark figures, calculated from your numbers and the criteria judges usually examine. They can serve as a basis for a principled negotiation, to be adapted to each person’s needs.

  • Member of the Paris Bar
  • Doctor of Law
  • CNMA-listed mediator
  • FR / EN

Overview

Three kinds of support, three moments

What can be put into figures, and what will need to be discussed

A separation can give rise to three distinct payments. Each follows its own rules, and none is set by an official scale that would bind the judge. The simulations below draw on the criteria of the Civil Code and on those judges usually examine; each time, I explain how I suggest applying them.

I always suggest a low and high range rather than a single figure: your needs, your expenses, your assets and your family’s history could make the difference.

  1. From the separation until the child is self-supporting

    Child support

    (contribution à l’entretien et à l’éducation des enfants)

    Each parent contributes according to their own resources, those of the other parent and the child’s needs, including after the child comes of age if he or she is not self-supporting.

  2. During the divorce proceedings

    Spousal support during the proceedings

    (pension au titre du devoir de secours)

    Temporary, it allows the spouse with the lower resources to keep a standard of living close to that of their life together, until the divorce.

  3. When the divorce is granted

    Compensatory allowance

    (prestation compensatoire)

    A lump sum that compensates, as far as possible, for the disparity the breakdown creates in living conditions. It depends in particular on what each spouse will receive in the settlement of the matrimonial property (liquidation). Not every case lends itself to one.

Good to know

The more precise your figures (net income, tax, expenses, actual spending), the more useful the range. Have your latest tax assessment notices at hand.

Caution

If either of you, or the child, lives outside France, French law may not apply. The simulation remains a ballpark figure.

My approach

Negotiate, without giving up on going to court. These figures prepare an agreement; if it fails, they prepare the hearing.

1 · For the children

Support for the children

Child support

The Civil Code sets three criteria: "each parent contributes to the support and education of the children in proportion to his or her resources, those of the other parent, and the needs of the child" (article 371-2). The official simulator takes only some of them into account. I present it first, then the method I suggest, as a guide.

The official simulator and its limits

What it calculates

The simulator on Service-Public, the French government’s official website, applies the Ministry of Justice’s reference table. It takes the paying parent’s income, subtracts a subsistence minimum, then applies a percentage. That percentage depends on the number of children and the extent of visiting rights (droit de visite): reduced, standard or alternating residence.

It is a quick benchmark, familiar to judges and lawyers, that you can check in a few seconds.

Open the official simulator (in French)
  • It ignores the other parent’s income. The amount would be the same whether the parent the child lives with earns €500 or €5,000.
  • It does not take the child’s actual needs into account. The cost it uses stays the same, whatever the child’s age or the family’s lifestyle.
  • It ignores expenses. High rent or a loan does not change the result; only dependent children count, by their number.
  • It knows only three parenting schedules. Extended rights, an unequal alternating schedule or, when the parents live far apart, vacations only, fit it poorly.
  • It is designed for incomes from €700 to €5,000. Beyond that, it gives no result.
  • It takes neither the cost of living nor living abroad into account. Yet prices are, on average, 7.2% higher in the Paris region (Île-de-France) than in the rest of France, rent included (INSEE, 2022 prices).
  • The judge cannot rely on it alone. The Court of Cassation struck down a decision that relied on this table, recalling that what counts are the parents' means and the child’s needs.

The simulator I suggest

The criteria I suggest using

  • Standard of livingThe child’s needs can be estimated from the family’s standard of living while the family lived together: the share a child represents in the household budget, according to the consumption scale of INSEE (France’s national statistics office). For two children, one under and one over 14, this share is about 35%.
  • AgeA teenager generally costs more than a young child. The budget increases from age 14, including for a young adult who is still studying.
  • The actual budgetYour actual expenses, item by item, are compared with the standard of living. A lower budget is used; a higher budget would need to be justified.
  • The adult childFor a child aged 18 or older, the child’s actual budget is requested, as well as his or her own resources (student grant, job). The budget, less these resources, is compared with the standard of living: the lower amount is used. Child support may be paid, in whole or in part, directly to the child (article 373-2-5 of the Civil Code).
  • The cost of livingThe budget can be adjusted for where the child lives today: another region, or another country.
  • Both parents' resourcesEach parent’s net income after tax, including income from assets and pensions.
  • Fixed expensesLoans, other dependent children, and the part of housing costs that exceeds a quarter of income: below that, housing falls within each parent’s standard of living, as does the child’s. Housing counts for half when it is shared with a new partner.
  • A minimum left to live onAfter expenses, each parent keeps the equivalent of the RSA (France’s minimum income): €651.69 per month.
  • Parenting timeThe number of nights spent with each parent. The parent caring for the child pays part of the child’s expenses directly, which would be deducted.
  • Costs already paidWhat a parent pays directly (school, activities, supplemental health insurance) could be deducted, as well as half of that parent’s travel costs for having the child.
  • With spousal supportIf the other parent also pays spousal support during the proceedings, the two are set together within a combined total, split according to the number of children (50/50 with one child, up to 80/20 from four children on).
  • A rangeThe low end is calculated on a more modest child budget, to reflect the drop in standard of living caused by the separation and to leave room for negotiation. Extraordinary expenses (school trips, orthodontics, driver’s license) would remain outside the support, shared according to each parent’s share.

2 · For the other spouse

Support between spouses

Spousal support

Between spouses, two payments follow one another. During the proceedings, spousal support is temporary. At divorce, spousal support during the proceedings ends and the compensatory allowance, which is final, may take over. The two are not calculated the same way, and the first does not enter into the calculation of the second.

Spousal support during the proceedings

Temporary, until the divorce

The judge may set the support one spouse will pay the other until the divorce. There is no scale. The judge weighs the needs of the spouse who requests it, in light of the couple’s standard of living during their life together, and the other spouse’s resources. In practice, the support is not limited to the bare minimum.

The criteria I suggest using

  • The couple’s standard of livingThe household’s income during the life together, after housing, divided by the number of people according to the INSEE scale. This is the benchmark one seeks to come closer to.
  • Each spouse’s resourcesNet income after tax, including income from assets. Child support is counted for the parent who receives it, and subtracted for the parent who pays it.
  • Each spouse’s housingRent or mortgage, subtracted from resources. What is left to live on matters more than gross income.
  • Dependent childrenThey increase the number of people in each household, and therefore the needs.
  • Partly closing the gapThe high end would close a large part of the gap in standard of living between the two spouses, the low end a smaller part.
  • Benefits in kindRent-free use of the home, or the other spouse’s repayment of a loan taken out by the couple, form part of the support: they are deducted from the cash payment.
  • A combined total with child supportWhen child support and spousal support are paid by the same spouse, they are set together. The overall total is split according to the number of children: 50/50 with one child, 60/40 with two, 70/30 with three, 80/20 from four on (children’s share / spouse’s share).
  • A minimum left to live onThe paying spouse keeps €651.69 per month after housing.
  • A relevance thresholdWhen the remaining gap in standard of living is small, in particular because child support already narrows it, the simulator indicates that support seems unlikely rather than displaying a token amount.
  • TaxationThe support would in principle be deductible for the spouse who pays it and taxable for the spouse who receives it, which is reviewed during a consultation.

Compensatory allowance at divorce

Compensatory allowance, final

It compensates, "as far as possible, for the disparity that the breakdown of the marriage creates in the respective living conditions." It takes the form of a lump sum, payable if needed over no more than eight years. No method is official: judges often cross-check several, without citing them, then use an average or set aside the extremes. The simulator draws on this practice: a high end equal to the highest method, after the property adjustment (upward or downward depending on each party’s assets), and a low end equal to the average of the three methods, with the same adjustment.

Not every case lends itself to one. A compensatory allowance is generally granted where the disparity is significant, particularly after a long marriage or career sacrifices made for the children. The judge may also refuse it if fairness so requires (article 270 of the Civil Code). A calculated figure is therefore not a vested right.

The suggested criteria, drawn from article 271 of the Civil Code

  • Length of the marriageThe longer it is, the more weight the disparity arising from the life together carries. I also take into account how long the spouses lived together during the marriage.
  • AgeThe older the requesting spouse, the less time they have to rebuild their situation. Several methods turn age into a coefficient.
  • Current and foreseeable incomeNet income after tax, averaged over eight years if a change is expected.
  • Child-related costsThe child support paid is subtracted from the income of the spouse who pays it.
  • Property after the settlementPersonal property and rights in the settlement of the matrimonial property, as established by the wealth review. Property also counts for the income it can generate.
  • Career choicesA career interrupted or reduced to raise the children or to support the other spouse’s career, and its effects on retirement. Years without retirement contributions are quantified: their number, multiplied by the monthly income before the career break, is added to the second method.
  • The extent of the disparityWhen the income gap is small, the simulator says so: an allowance then seems unlikely, or modest.
  • HealthImpaired health that limits either spouse’s ability to work.
  • Ability to payThe monthly amount the paying spouse could devote to the allowance: 35% of their net income, less their fixed expenses (housing, loans, child support), over no more than eight years.

Next steps

A principled negotiation

An indicative range does not make an agreement. It helps put verified figures on the table, understand each person’s needs and look for a solution that will hold over time. If the negotiation fails, the same work prepares the hearing.

  1. PrepareThe "Prepare your appointment" questionnaire and the wealth review gather your figures and the list of documents.
  2. CheckDuring the consultation, I check the amounts, your rights in the settlement, the applicable law and the competent court.
  3. NegotiateBetween lawyers, in mediation or in a participatory procedure (procédure participative), based on shared figures.
  4. SecureThe agreement is signed in a form that makes it enforceable, in France and, if needed, abroad.

The simulator

Your figures, your range

You enter each figure only once: it is used for all the estimates. Child support is calculated first, then carried over into the support between spouses. Your result is displayed after your contact details, with the reasoning set out in detail; it is sent to my office, not to the other party.

  1. Your support
  2. Your household
  3. The details
  4. Your contact details
  5. Your result

What would you like to estimate?

Check one or more kinds of support. About five minutes; you can go back at any time.

The coupleYour relationship status

What now

Book an wealth review or a consultation

The wealth review assesses what each spouse will receive in the settlement of the matrimonial property, on which the compensatory allowance depends. The initial consultation checks your figures and your rights; the strategy consultation, prepared on the basis of your documents, sets the negotiation strategy. In French or English, at the office or by video call.

Indicative result. These simulations do not constitute legal advice and do not bind the judge. If either of you, or the child, lives outside France, French law does not necessarily apply: see the Which Court? Which Law? simulator.

Indicative simulations, which do not constitute legal advice and do not bind the judge. The result is displayed once you have provided your contact details and is sent only to the office, with your consent. Parameters as of October 19, 2026.

References

Sources

Appointment Call

Calendly

Book an appointment

Consultations from €150 excl. VAT (€180 incl. VAT), at the office or by video.

Calendly is a third-party service: loading it may set cookies and transmit your IP address.

Open the calendar in a new tab

Request a call

Leave your number and preferred time. Please do not describe your situation here; we will discuss it by phone.