Julian
Lawyer · Toulouse, France
- 117 cases handled
- 39+ years in practice
- Speaks: English, Spanish, German, French
- Law with Honours, Liverpool University
Changing child support or alimony in France means asking for a new amount, a suspension or an end to payments set earlier by a judgment or an agreement. Some older lists and lawyer pages call this service “Modification Child Support or Alimony Agreements”. In French, child support is the pension alimentaire, formally the contribution to the child's upkeep and education, and the procedure is its review (révision). English speakers also say child maintenance, reducing or increasing child support, or alimony. Payments between former spouses after a divorce are a different matter in France, the compensatory payment (prestation compensatoire), and they are much harder to change.
Parents whose income has fallen or risen, whose child has moved to the other parent, started studies or has new needs, parents who have moved to another country, and former spouses paying or receiving a compensatory payment in instalments.
Either parent can ask the family judge (juge aux affaires familiales) of the court where the child lives for a review when a new element has changed a parent's resources or charges or the child's needs. A new partner does not by itself justify a change, although it can affect a parent's costs. Parents who agree can also have their new arrangement made enforceable, which gives it the same force as a judgment. Indexation, the yearly adjustment written into most decisions, is automatic and is not a review.
Payments can be collected and passed on by a public agency (ARIPA, through the family benefits office). The agency applies the amount fixed in the current decision; changing it still takes a new decision or an enforceable agreement.
A compensatory payment set as a lump sum generally cannot be revised. When it is paid as a periodic allowance, the judge can revise, suspend or end it after an important change in either party's situation, and the payer can ask to convert it into capital.
A lawyer assesses whether the change is significant, gathers proof of income and expenses in each country, negotiates an agreement or applies to the judge, and deals with the agency. Child support is often reviewed together with the child's residence or visitation.
A real loss of income is a new element the judge can consider. Until a new decision is made, the existing amount remains due.
The Ministry of Justice publishes an indicative table based on income, the number of children and the type of residence, but the judge is not bound by it.
Not automatically. It continues while the young adult is not financially independent, for example during studies, unless the decision says otherwise.
European and international rules allow French decisions to be enforced in many countries and foreign decisions in France; a lawyer checks which court can change the amount.
No. Child support is for the child; the compensatory payment is for a former spouse and is decided in the divorce.
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Lawyer · Toulouse, France
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Always available and keen to help, a nice guy and easy to talk to.
The lawyer was very approachable and glad to give time to video conference calls so that all our requirements were understood. He was very patient, especially as our case was so emotional, and stayed professional throughout. The assistance was excellent.
The lawyer was extremely helpful to us. We had been struggling with my father's estate for years without getting anywhere, and he resolved everything quickly and efficiently. We are completely satisfied with the outcome.
Brilliant lawyer, for whom nothing was too much trouble. Others had advised me that my issue could not be fixed, yet she resolved it. I am truly grateful for her hard work, and I am very satisfied with the result.
He was knowledgeable, responsive and competent, and a great communicator in perfect English. A pleasure.
Very helpful advice, with a clear explanation of the right course of action.
The lawyer was responsive, quick to get back to me and professional.
The lawyer assisted and advised me on a possible medical negligence claim. I did not pursue it in the end, but my case was examined in depth and I was supported throughout in a professional, sympathetic way. I was told that the claim would probably fail and that I should not spend more money that might well be wasted. The fee was very reasonable given the situation. I would thoroughly recommend this service, and her above all.
Friendly, responsive and very helpful. I was very satisfied.
Good value for money and able to explain and provide appropriate solutions. Did not push for court even though it would have been more financially rewarding. Excellent assistance.
I am a foreigner who owns a home in Lyon but, travelling for work, does not live there, and the lawyer has been absolutely wonderful. She is available whenever needed, very knowledgeable and thorough. I could not have asked for better assistance.
The lawyer was helpful and precise in her recommendations.