Unpaid maintenance: involve the FAC or the AMM
Verified 07 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Widespread financial intermediation
Published on 1 January 2023
Since 1er January 2023, a divorce decree is no longer required to benefit from financial intermediation. This service is now open to all types of maintenance documents (divorce by mutual consent or enforceable document issued by the Caf: titleContent).
This page is being updated.
When a parent (debtor parent) does not pay to the other parent (creditor parent(b) the child's maintenance, the Cfa or the MSA may be responsible for recovery (recovery of unpaid sums). The creditor parent must make the request. It can then receive Family Support Allowance (FSA)under certain conditions. He or she may also instruct the Caf or the MSA to collect monthly maintenance on his or her behalf from the other parent (intermediation).
The rules differ depending on whether the creditor parent lives alone or in pairs.
Alone
The conditions to be met vary depending on the creditor parent has or does not have a enforceable title fixing maintenance.
Répondez aux questions successives et les réponses s’afficheront automatiquement
With an enforceable title
All of the following conditions must be met:
- The creditor parent has a maintenance document (judgment, agreement, authentic instrument, Enforcement Order of the Cfa or CMSA)
- The child or children are considered by the FAC or the AMM as being dependent on of the creditor parent
- The debtor parent has not paid, or only partially paid, maintenance for at least 1 month
Family Support Allowance (FSA) shall be paid to the creditor parent as an advance on the sums to be recovered from the debtor parent.
FYI
the FCA or the AMM may request the debtor parent defaulted maintenance payments for the 2 years preceding the creditor parent to the CAF or the MSA.
Other case
All of the following conditions must be met:
- Children (or the child) are considered by the Caf: titleContent or the MSA: titleContent like being dependent on of the creditor parent
- The debtor parent has not been involved in the maintenance of children (or the child) for at least 1 month
Family Support Allowance (FSA) shall be paid to the creditor parent for 4 months. After this period, the BSO will continue to be paid if he proves that he has filed an action with the Family Court to obtain the determination of maintenance.
Who shall I contact
After the maintenance has been fixed, if the maintenance is not paid, the Cof or the MSA shall recover the sums due to the creditor parent.
General case
The creditor parent must submit the following form:
MSA
The creditor parent must submit the following form:
Application for Family Support Allowance (FSA), Intermediation and Recovery Assistance (MSA)
To be helped in this process, it is possible to contact by telephone an advisor of the Agency for the Collection and Intermediation of Maintenance Payments:
Who shall I contact
After an amicable phase with the debtor parent, the Caf: titleContent or the MSA: titleContent initiate the recovery procedure (direct payment, ...).
The amounts that can be recovered are as follows:
- Amount of future maintenance
- Support arrears in the last 24 months
When the FCA or AMM recovers the amount of unpaid maintenance, it shall return it to the creditor parentby deducting from that sum the amount of BSO paid.
FYI
the Caf or MSA shall contact the creditor parent after all unpaid pensions have been recovered to offer to be the intermediary for the collection and payment of future pensions.
As a couple
All of the following conditions must be met:
- The creditor parent has a document (court decision, convention or notarial act) laying down a maintenance
- The debtor parent has not paid or paid only part of the maintenance for at least 1 month.
- Children (or the child) are considered being dependent on of the creditor parent by the Caf: titleContent or the MSA: titleContent
- The creditor parent has already undertaken another recovery procedure (e.g. direct payment procedure, ...) which has failed.
FYI
the FCA or the AMM may request the debtor parent defaulted maintenance payments made during the 2 years preceding the application of the creditor parent.
General case
The creditor parent must submit the following form:
MSA
The creditor parent must submit the following form:
Application for Family Support Allowance (FSA), Intermediation and Recovery Assistance (MSA)
To be helped in this process, it is possible to contact by telephone an advisor of the Agency for the Collection and Intermediation of Maintenance Payments:
Who shall I contact
With the written agreement of the creditor parent, the Caf: titleContent or the MSA: titleContent takes a friendly approach.
If this approach fails, within 1 month, the FCA or the AMM will initiate the recovery procedure (direct payment, ...).
The CAF or AMM shall pay as and when the creditor parent the maintenance payments recovered.
The costs of the proceedings shall be borne by the debtor parent.
At any time, the creditor parent may ask the FCA or the AMM to interrupt the recovery of maintenance.
FYI
the Caf or MSA shall contact the creditor parent after all unpaid pensions have been recovered to offer to be the intermediary for the collection and payment of future pensions.
Who can help me?
Find who can answer your questions in your region
- Social Security Code: Articles L581-1 to L581-10Provisions on the recovery of maintenance claims
- Social Security Code: Articles R581-1 to R581-10Recovery of maintenance claims
- Social Security Code: Articles L523-1 to L523-3Entitlement to BSO in case of unpaid debts
- Social Security Code: Articles R523-1 to R523-8Loss of entitlement to BSO in case of marital life
- Labor Code: Article L3252-5Settlement of direct debit amounts
- Code of Civil Enforcement Procedures: Article L213-4Direct Debit Procedure
- Decree No. 86-1073 of 30 September 1986 on the intervention of agencies responsible for the payment of family benefits for the recovery of unpaid maintenance claims
- Social Security Code: Article L582-1Financial intermediation
- Decree No. 2020-1201 of 30 September 2020 on financial intermediation of maintenance payments
- Decree No. 2020-1202 of 30 September 2020 on the implementation of financial intermediation of maintenance payments
- Unpaid maintenance: "direct payment" procedureService-Public.fr
- Family Support Allowance (FSA): Separated parentsService-Public.fr
- Public Maintenance ServiceNational Fund for Family Allowances (Cnaf)
- Unpaid alimony: who to contact?National Fund for Family Allowances (Cnaf)
- Financial intermediation of maintenance paymentsMinistry of Justice
- Enforcement order of the Cfa or the AMMNational Fund for Family Allowances (Cnaf)
- Dependent childrenNational Fund for Family Allowances (Cnaf)