Do you have to help your parent or step-parent who is in need?

Verified 07 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, children have an obligation to help a parent or step-parent who is unable to meet their basic needs (food, shelter, care, clothing...). This is calledmaintenance obligation. It shall take the form of financial aid or in kind. This assistance varies according to the income and expenses of the child (or the person who will pay it) and the parent who will receive it. We give you the information you need to know.

L'maintenance obligation is material assistance to give to a parent or step-parent who is in difficulty to meet his or her basic needs (housing, food, care, current expenses...).

It may be given in the form of a sum of money or nature (obligation to house, feed and maintain...).

The person claiming maintenance is maintenance creditor. The one who pays it is maintenance obligation or maintenance debtor.

The children, the grandchildren, etc. shall be liable for maintenance in respect of their fathers, mothers or others  ascendants  in need.

The son-in-law or the daughter-in-law has the same maintenance obligation towards his or her in-law parent as a result of marriage obligations. That is, a spouse may be required to assist the spouse's parent in times of need.

The person adopted in simple form, has a maintenance obligation towards his adoptive parents but not towards their ancestry (grandparents). Since simple adoption does not create a relationship between the adoptee and the adoptive parent's family, there is no maintenance obligation between them.

The adopted person in plenary form has a maintenance obligation towards his parents, grandparents... of the adoptive family because the adoption creates a relationship with the adoptive family. On the other hand, the adopted person no longer has any obligation to his family of origin.

L'full adoption of the child of the spouse, common-law partner or CIVIL PARTNERSHIP maintains the relationship of parentage with the parent of origin and his or her family, and therefore the maintenance obligation.

The child whose the father or mother has seriously failed to fulfill his obligations with regard to him (violence, abandonment of family...) can be dispensed, totally or partially, maintenance obligations by the family judge (Jaf: titleContent).

In case of conviction of the father or mother for a crime committed on the child or on any of his children ascendants, descendants, siblings, on Jaf: titleContent may dispense totally the child of this maintenance obligation.

The child admitted as ward of government does not owe food to its biological parents.

On the occasion of a application for welfare, the following persons may be exempted from this maintenance obligation by the public authority:

  • Child who has been secluded of his family environment by judicial decision for a period of at least 36 cumulative months and before its 18 years
  • Child whose father or mother has been doomed as author, co-author or accomplice of a crime or a sexual assault committed on the other parent. This waiver shall only on the aid requested by the convicted relative.
  • Grandchild, in the context of a request forsocial assistance for accommodation (ASH) on behalf of one of his grandparents.

Please note

This exemption extends to the descendants of children and grandchildren.

To be dispensed, the data subject shall prove it fulfills the legal conditions or the parent has seriously failed to fulfill his obligations towards it. The proof of this failure may be a judgment, attestations, documents from social services...

The maintenance obligation shall submit a request for exemption on free paper as appropriate:

  • To the administrative department claiming maintenance if the demand for food comes from this service
  • Or at court on which the parent's or step-parent's domicile depends , if a Jaf: titleContent is the subject of an application for maintenance.
Who shall I contact

The lawyer is not obligatory in this procedure.

If a party wishes to have a lawyer but does not have sufficient income, it can apply for the benefit of thelegal aid.

The parent or step-parent requesting assistance must demonstrate that they are in need, i.e. that they cannot meet their basic needs (housing, food, care, clothing). Before asking the judge, the parent or step-parent must first make an amicable request.

Ask out of court

A parent or step-parent who is in need may attempt to establish a written agreement with their children or the person who must pay them the financial assistance.

He can send a letter to the other party inviting it to reach an agreement or requesting the intervention of a family mediator.

Who shall I contact

The agreement may be approved by the Jaf: titleContent to give it enforceability.

Approval of the agreement may be requested by post to the judge.

The competent judge is the one who determines the domicile of the parent or step-parent applying for maintenance.

Who shall I contact
Ask the family judge

If no agreement is reached between the parties, the parent or step-parent can enter the Jaf: titleContent .

The application is made either on free paper, using the Cerfa 15454 form, or by subpoena.

Application for maintenance - Referral to the Judge for Family Affairs

Query must be envoy by registered letter with acknowledgement of receipt, or deposed in the court of law.

The maintenance creditor may seize the Jaf: titleContent on which his domicile or that of the place where the maintenance debtor resides depends.

Who shall I contact

If there are several possible maintenance debtors, the maintenance creditor must first ask his spouse if he is married, then his children. However, there is no hierarchy between descendant and a son-in-law or daughter-in-law: they are similarly bound by the maintenance obligation.

The lawyer is not obligatory in this procedure.

If a party wishes to have a lawyer but does not have sufficient income, it can apply for the benefit of thelegal aid.

The amount of the maintenance obligation shall be fixed on the basis of needs maintenance creditor and resources of the maintenance debtor.

For the maintenance creditor

His needs vary according to his age, his state of health, his family responsibilities, his place of residence.

The income taken into account are the following

  • Income from work (salary, retirement, unemployment benefits, social security benefits, agricultural benefits, etc.)
  • Social aids (disabled adult allowance, housing allowance, active solidarity income...)
  • Income from capital such as rental income, money from a financial investment...

Its charges shall also be taken into account for the calculation of the maintenance obligation. These include:

  • Living expenses (housing, food, taxes, transportation costs...)
  • Credits...

FYI  

When a spouse is in need, he or she mustfirst ask for a duty of care the other spouse before requesting maintenance from his or her child.

It does not matter what the reasons for the maintenance claim are. That the causes either accidental (long-term unemployment, sickness, disability, etc.) or wrongdoers (poor management of assets, gambling debts...), the parent or step-parent can request a maintenance obligation.

Those who voluntarily abstain from work when he is able or does not bother to exploit his land holdings, can see himself refuse his application for maintenance.

For the maintenance debtor

All of the income and charges of the maintenance debtor is taken into account (children still dependent, property credit of his principal residence...)

They must have sufficient resources to support themselves and those in their homes.

The income taken into account are the following

  • Income from work (salary, retirement, unemployment benefit, social security benefit, agricultural benefit, etc.)
  • Social aids (disabled adult allowance, housing allowance, active solidarity income...)
  • Income from capital (rental income, interest from a financial investment, etc.).

The income of thethe spouse of the maintenance debtor shall only be taken into account if this husband is summoned in front of Jaf: titleContent and a maintenance obligation is demanded of the couple.

The income of the partner past or common-law partner shall not be taken into account for the calculation of the maintenance obligation.

FYI  

The income of the Civil partnership partner or cohabiting partner may be taken into consideration in so far as they reduce the maintenance debtor's charges. For example, rent and current expenses (food, bills...) are paid by the 2 partners or concubines. They have a disposable income more important than someone who pays for it alone.

The charges the following are taken into consideration:

  • Family expenses (child, spouse or dependent partner, maintenance, compensatory benefit...)
  • Living expenses (housing, food, taxes, transportation costs...)
  • Credits...

Expenses incurred by the Civil partnership, partner or common-law partner of the maintenance debtor are not deducted.

It is possible to do call if any of the parts wishes to challenge the decision of the Jaf: titleContent .

The lawyer is obligatory to appeal and follow the procedure before the court of appeal.

FYI  

The decision establishing the maintenance obligation shall be provisionally enforceable, i.e. it must be executed even if an appeal is filed.

The maintenance debtor may request the revision or the deletion maintenance obligations, if its incomes are falling (unemployment...) or its charges increase (birth of a child...),.

If the maintenance creditor marries a spouse with sufficient income, the maintenance obligation may be amended.

The maintenance obligation may also be revised or deleted when the behaviour maintenance creditor is declared unworthyThat is, he has seriously breached his obligations to his child. This indignity may not have been mentioned in the initial proceedings or may have appeared after the decision.

In such cases, the maintenance debtor may apply to the JAF for the amendment of the original decision.

The competent court is that of the maintenance creditor's domicile.

Where the situation of the maintenance creditor is getting worse, it may also request a review of the maintenance obligation.

The maintenance creditor may invoke theimprovement of the situation of the maintenance debtor to have the amount of the maintenance obligation revised if it does not cover all its needs.

He has to seize either the court of which depends on his home, or the court of which depends on the domicile of the maintenance debtor.

The request for revision or deletion is made on free paper or using the CERFA 15454 form.

Application for maintenance - Referral to the Judge for Family Affairs

The child or any maintenance person who does not pay maintenance for more than 2 months to a parent or step-parent who commits the offense abandonment of family.

The parent or step-parent can complain.

The perpetrator faces a prison sentence of 2 years and €15,000 of fine.

In principle, the maintenance obligation is not limited in time.

This obligation shall end in any of the following cases:

  • In case of death of the maintenance creditor or debtor
  • For the son-in-law or daughter-in-law in case of divorce with the maintenance debtor
  • To the son-in-law or daughter-in-law if his deceased spouse (maintenance debtor) and if there is no child in common or if they have died
  • In case of condemnation of the father or mother for a crime on the maintenance debtor or on one of his ascendants, descendants, siblings, Jaf: titleContent may exempt him totally from that maintenance obligation.

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