Should maintenance still be paid to a child who has reached the age of majority?

Verified 24 June 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Parents have an obligation to feed, clothe, house and raise their child, even if they are of age, if he is unable to provide for himself. The amount of this assistance varies according to the resources of the parent providing it and the needs of the child receiving it (student, unemployed, protected major or disabled). However, the payment of maintenance ceases as soon as the adult child becomes financially independent.

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Vidéo - Do you still have to pay maintenance to your child who has reached the age of majority?
Credits : Public Service (DILA)

*Have you already paid your college fees?

*No... I don't have any money this month

*Well you can always ask your mother!

*Well no, I'm just 18

My father is going to stop paying child support

Does child support cease at the age of 18?

No, child support does not automatically end with the majority of the child. Parents are required to maintain their adult child until the child meets his or her own needs. Maintenance therefore remains payable as long as the child is in education, training or actively seeking work. In principle, parenting agreements and decisions of the judge specify this point. In the event of a conflict, the parents may refer the matter to the family court. This is the case, for example, if one of the parents considers that maintenance is no longer due or that it should be reduced because the young adult receives income in the context of work-linked training or a student job. Finally, maintenance is not payable indefinitely, it ceases when the child is financially self-sufficient.

Key Points Reminder

· Maintenance can continue to be paid at the age of 18

· It remains due as long as the adult is studying, training or looking for work

· In the event of a conflict, parents may refer the matter to the judge

· The pension ceases when the child is financially self-sufficient

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Pension fixed at the time of separation or divorce

If the needs of the child so warrant, maintenance may be continued beyond the age of 18. Thus, the pension awarded to the former spouse can be paid directly to the child when he or she reaches the age of majority.

To do this, it is necessary to contact the Family Judge (Jaf) at the court on which the domicile of one of the 2 parents or the child depends.

You can make your request using the cerfa form n°11530.

Application to the family judge (parental authority, right of access, maintenance...)

Who shall I contact

Thus, a new judgment is issued in which the judge will provide that the maintenance will be paid directly to the child (in whole or in part).

Other case (maintenance obligation)

What is the maintenance obligation?

This obligation to pay a sum of money must enable the adult child, who cannot support themselves, eating, lodging, dressing. We're talking aboutmaintenance obligation.

The pension paid for this purpose includes everything that is necessary for the child's daily life but also for care related to his or her state of health (mental illness, physical disability, etc.).

The maintenance obligation may be issued in kind (e.g. free accommodation, food) or in the form of a paid pension in cash (in silver).

Who assumes this obligation?

This obligation is assumed by the 2 parents according to the resources and the expenses of each.

Parents may agree, by mutual agreement, on the form and conditions of fulfillment of this maintenance obligation. However, it is recommended that a convention be drafted, dated and signed.

The Family Court Judge (Jaf) may also be seized by one of the parents or by the adult child. The application is made using the cerfa form n°11530.

Application to the family judge (parental authority, right of access, maintenance...)

The application must be made to the court on which the domicile of one of the parents or the child depends.

Who shall I contact

A parent who does not comply with this obligation may be compelled to do so by a court order.

Please note

Only parents who provide proof that they are unable to comply with this maintenance obligation can be exempted from this obligation. These may be parents who are beneficiaries of the active solidarity income (RSA).

Consequences of non-compliance

Sanctions

Non-compliance with maintenance obligations is an offense of abandonment of a family.

This offense is punishable by up to 2 years in prison and €15,000 of fine.

Those who do not receive aid must send a letter to public prosecutor the court on which the domicile of one of the two parents or the child depends.

Who shall I contact

Recourse by a third party who has satisfied the child's needs

In the event of non-payment of the aid by a parent, the third party which has occurred in the child's needs may turn against the parent.

This third party is most often:

  • the services of the department for the recovery of sums due from social assistance,
  • public health institutions for the recovery of hospital costs.

The third party must send a letter to public prosecutor the court on which the domicile of the paying parent or the child depends. An amicable procedure must first be attempted.

Who shall I contact

Who can help me?

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