To prevent unpaid alimony, the Family Allowance Funds will themselves collect the alimony due, in the context of a divorce. Guillaume Barbe is a lawyer at the Paris Bar, specializing in family law.
franceinfo: Since March 1, the CAF have been responsible for paying child support. How does the system work?
Guillaume Barbe : In reality, the financial intermediation of alimony has existed for longer. The novelty is that it applies to all divorces, the judge no longer has the choice to propose it or not to propose it, it is automatic, that is to say that the CAF will stand in for the debtor, to pay the child support.
Does this also apply to divorces prior to the law?
For divorces that have not yet been pronounced, it concerns them. The judge questions the lawyers to find out what the position of the parties is. On the other hand, for divorces which have already been pronounced and which are final, it is sufficient for only one of the two parties, the creditor of the alimony, to request the CAF – and on the CAF website it is extremely simple – to benefit from the intermediation system.
And this applies to all divorces?
All types of divorce are concerned. This also concerns the payment of alimony, if there is no divorce, for example for cohabitants and PACS partners. It only concerns contributions to the maintenance and education of children.
For example, alimony, paid as a duty to help in a divorce, is not affected. There are a few exceptions: direct payment of costs, which may be a form of alimony, is not covered; it does not concern the debtor who lives abroad; it does not concern foreigners in an irregular situation on French territory, and it does not concern contributions that can be paid directly into the hands of an adult child.
How is alimony determined?
It is based on the income and expenses of the debtor, the income and expenses of the creditor and the cost of the child. The Ministry of Justice has published a reference grid, which the Court of Cassation has questioned, and therefore it is only an aid to decision-making. It’s case by case.
Is it necessarily a sum of money that we pay every month?
A sum of money and/or payment of costs. In terms of accommodation, tuition fees, everything is possible.
For how long should it be paid?
Until the children are financially independent. There has been a lot of case law from the Court of Cassation on this point, to know for example if a CDD was sufficient or if a CDI was necessary. The child must be independent.
Can alimony be reviewed?
We can have it revised amicably, we agree to modify it, according to new elements. If there is a blockage, we can go before the judge, who will take into account the new elements: new costs, loss of employment, loss of income, and at that time modify the contribution to the maintenance of children.
What do we risk if we don’t pay it?
Under the intermediation of alimony, the debtor pays to the CAF and the CAF pays to the creditor. If there is non-payment of all or part of the pension, the CAF will write to the debtor and then initiate a forced measure. If we do not go through this financial intermediation, we go through a bailiff and we are seized. And if you don’t pay within two months, it constitutes a crime, and you can be prosecuted for abandonment of the family.