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Revaluation of maintenance

Verified 08 avril 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The amount of maintenance changes over time. In order to reassess the amount of maintenance, the judgment or order of the judge must refer to the indexation of the maintenance to a consumer price index. Depending on the increase or decrease in this index, there may be a revaluation or a decrease in the amount of maintenance.

The amount of maintenance is fixed by the judgment or order pronouncing the divorce.

The judgment also provides for how this amount will be revalued over time and by what index.

The judgment or order of the family court judge shall determine:

  • the benchmark,
  • the date of the first revaluation,
  • the index used for revaluation,
  • the periodicity of pension upgrades.

It is now the index "excluding tobacco all households" or the index "excluding tobacco urban households headed by workers or employees" which is used.

The judgment or order shall determine the periodicity of the upgradings of the pension.

In general, the reassessment is scheduled every year on a fixed date (e.g. the anniversary of the judgment).

What month of clue to remember?

You must apply what is stated in the judgment:

  • the judgment shall indicate the date on which the pension is to be reassessed and shall state that the index to be used is the one in force on that date, i.e. the last index published in the Official Journal (OJ),
  • the judgment shall specify the month of the index to be taken into account for the revaluation, for example the June index: in this case, it is appropriate to wait for the publication of this index in the OJ (around mid-July),
  • either the judgment chooses an alternative method of revaluation and it must be followed.

How do I calculate?

You must have your judgment or the order of the judge.

You can use the online simulator on theInsee ::

Calculate the revaluation of support

National Institute of Statistics and Economic Studies (INSEE)

Calculation module for calculating the recovery of maintenance

To reassess the pension at 1to june 2017 for example (for a judgment delivered on 1to June 2016), you need to find the 2016 consumer price index (all households excluding tobacco) and the new 2017 index on the INSEE website ..

The formula for calculating the amount of the reassessed support is as follows:

Amount of pension currently paid X new monthly index / former monthly index = Revalued pension amount.

For example, if the pension amount for the year 2014 is €300, the calculation will be as follows: €300X 125.82 / 125,02 = €301.92..

  FYI :  it is possible that the amount of child support will decrease if the price index has decreased.

When filing a tax return, the support is deductible from the income of the person who pays it (debtor) under certain conditions. It must also be included in the taxable income of the beneficiary

Maintenance payments shall be deductible only if the debtor is liable to maintenance vis-à-vis the beneficiary (creditor) ). This deduction may include the following: