Child maintenance in France: calculation, review and arrears

One parent in three does not receive what is owed for the children on time. Since 2023, however, the family allowance fund steps between the two parents in most cases. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

Child maintenance: what the law requires

Article 371-2 of the Civil Code requires each parent to contribute to the child's upkeep and education, in proportion to their means and the child's needs. Marriage changes nothing: unmarried parents owe exactly the same.

Two false ideas circulate widely. First, this contribution does not stop when the child turns 18: it runs as long as the child is not financially independent, studies included. Second, it stays payable even where the parent no longer sees the child.

A separate maintenance obligation also exists between spouses during divorce proceedings, under the duty of support, and towards your own parents in need.

The scale and how it is calculated

The Ministry of Justice publishes a reference table, updated every year. It carries no binding force, but family court judges use it as a starting point.

The calculation starts from the paying parent's net monthly income, minus a subsistence minimum equal to the RSA for a single person, that is €651.69 since 1 April 2026. A rate then applies, depending on the number of children and the extent of contact rights.

Extent of contact	1 child	2 children	3 children
Standard contact rights	13.5 %	11.5 %	10 %
Shared residence	9 %	7.8 %	6.7 %
Reduced contact rights	18 %	15.5 %	13.3 %

Take a parent earning €2,200 net, with two children under standard contact rights. The calculation gives (2,200 - 651.69) × 11.5 % × 2, so about €356 a month in total.

Exceptional costs, such as dental treatment or a school trip, are shared on top, usually in half. Always spell them out in the agreement or the court order.

Annual indexation

Almost every judgment includes an indexation clause based on the consumer price index published by INSEE. The increase is automatic, but nobody calculates it for you.

So do it every year, on the anniversary of the decision. INSEE puts a calculator online, and indexation arrears can be claimed over five years.

Reviewing child maintenance

Only the family court judge revises the amount, unless the parents record an agreement. A significant change in either situation opens the way to a new decision:

• A job loss or a lasting drop in income.
• The birth of another child in the paying parent's household.
• A rise in the child's needs, especially on entering higher education.
• A change of residence for the child or of the contact pattern.

Careful: until the judge rules, the child maintenance already set stays payable in full. Stopping payment on your own creates a debt, not a saving. So file the application without delay.

Payment through the family allowance fund

Since 1 January 2023, the family allowance fund sits between the parents by default. The paying parent pays the fund, which passes the money to the receiving parent. This route applies to every decision setting child maintenance, unless both parents jointly opt out.

The mechanism changes everything in the event of delay: the fund spots it at once and starts recovery. It also avoids direct contact between parents, which matters in conflicted separations.

Arrears: the remedies that work

From the first month of non-payment, apply to the agency for the recovery of unpaid maintenance. It pays you the family support allowance, €200.78 a month per child from 1 April 2026 to 31 March 2027, then pursues the debtor.

Route	What it allows
Recovery agency	Recovery of the last 24 months, payment of the family support allowance
Direct payment through an enforcement officer	Deduction from the employer or the bank
Attachment of earnings	Deduction from salary, after judicial authorisation
Criminal complaint for family desertion	Criminal penalty for the defaulting parent

The offence of family desertion requires two full months without payment. Article 227-3 of the Criminal Code then provides for two years' imprisonment and a €15,000 fine. Arrears themselves can be claimed over five years.

Tax treatment

The paying parent deducts the sums from taxable income, provided the maintenance results from a court decision or an agreement. The receiving parent declares them as income.

Under shared residence the rule differs: the parents split the increase in the family quotient, and child maintenance is then neither deductible nor taxable, barring specific arrangements.

When to consult a lawyer

A lawyer sets the figure against real income, which self-employed parents often under-declare. They prepare the review application and pick the fastest recovery route. A family lawyer answers within 20 minutes. Where the child lives and divorce by mutual consent belong to the same file. The dedicated public service sits on pension-alimentaire.caf.fr.