Family abandonment in France: complaint for unpaid child support

Child support that stops arriving is not just a matter for the civil courts. After two months, the parent who fails to pay commits an offence. A lawyer assesses your situation in 20 minutes on Avocat20min.fr.

This criminal route adds to the civil remedies without replacing them. Our guide to child maintenance first explains how support is set.

Family abandonment: what the law says

Article 227-3 of the French Criminal Code punishes family abandonment. It targets anyone who goes more than two months without paying in full the support set by a judge or an agreement.

Three conditions must be met:

• An enforceable decision: a judgment, a divorce agreement filed with a notary, an approved agreement or a title issued by the CAF.
• More than two months without full payment. A partial payment is therefore not enough to avoid the offence.
• A deliberate failure: the paying parent knew of the obligation and could pay, at least in part.

The text covers child support, but also the duty of support between spouses and the contribution to household costs. So any family obligation set by a decision falls within its scope.

The penalties

Family abandonment is tried before the criminal court (tribunal correctionnel). On paper, the penalties are heavy.

Offence	Provision	Maximum penalty
Support unpaid for over two months	Article 227-3 of the Criminal Code	2 years in prison and a €15,000 fine
Move not reported within a month	Article 227-4 of the Criminal Code	6 months in prison and a €7,500 fine
Additional penalties	Article 227-29 of the Criminal Code	Driving licence suspension, among others

In practice, a first conviction often means a fine or a suspended sentence. Even so, the threat of prosecution often gets payments going again.

Article 227-4 also deserves attention. The paying parent must report a new address within a month, to the other parent or to the CAF under intermediation. Otherwise, they commit a separate offence.

Where and how to file a complaint

You have three ways to file a family abandonment complaint:

1. At a police or gendarmerie station, wherever it is. Officers cannot refuse to record it.
2. By letter to the public prosecutor at the judicial court.
3. By a complaint with a civil claim before an investigating judge, if the prosecutor drops the case or does not reply within three months.

Good news: the court where you live can try the case. Article 382 of the Code of Criminal Procedure provides for this offence. So you do not have to follow the other parent if they move far away.

The prosecutor can also act without a complaint. In practice, however, your complaint almost always triggers the investigation.

The evidence to gather

A solid file speeds up the criminal response. Gather the following documents:

• The decision setting the support, with proof that the other parent was notified.
• Your bank statements, showing missing or short payments.
• The arrears statement drawn up by the ARIPA or by a court enforcement officer, if you have one.
• Your written reminders: letters, messages or formal notices that went unanswered.
• Any sign of income: a job, lifestyle, property.

That last point matters a great deal. Indeed, the paying parent often claims they could not pay. Showing that they work or spend elsewhere weakens that defence.

After the complaint: what can happen

Once the complaint is filed, the police or gendarmerie interview the paying parent. They also check that parent's income and circumstances. The prosecutor then decides on the criminal response.

Several outcomes exist, from the mildest to the firmest:

• A probationary criminal warning, often with an obligation to clear the arrears.
• A penal settlement (composition pénale), with a fine or compensation for the victim.
• A guilty plea procedure, when the paying parent admits the facts.
• A hearing before the criminal court, especially for repeat offenders.

Often, the paying parent resumes payments as soon as they are summoned. Even so, keep the complaint active while arrears remain due. Also tell the prosecutor's office if payments stop again.

The time limit for family abandonment

Since the law of 27 February 2017, offences of this kind are time-barred after six years. According to case law, family abandonment continues as long as payments are missing. The period therefore only runs from the last unpaid instalment.

Be careful, though: civil recovery follows a different rule. Each monthly payment can be claimed for five years, under article 2224 of the Civil Code. Do not confuse the two periods.

Complaint and ARIPA: both at once

Filing a complaint does not mean giving up recovery. On the contrary, pursue both routes together. The maintenance recovery agency gets the money back, while the complaint punishes the behaviour.

Likewise, the CAF can pay you the family support allowance in the meantime. The ARIPA's arrears statement also provides valuable evidence for the criminal case.

Complaint and civil recovery

The criminal court convicts the paying parent, but it does not pay the support for them. To obtain damages, join the case as a civil party. The judge can then compensate the harm caused by the delays.

The arrears themselves are always recovered through civil routes: the ARIPA, direct payment or wage garnishment. In short, the complaint applies pressure, and recovery fills the account.

Can the paying parent defend themselves?

Yes. First, they can prove that they genuinely could not pay. A sudden job loss or a serious illness then carries weight.

However, they cannot take matters into their own hands. Not seeing the child, disputing custody or waiting for a review does not justify stopping payments. Only the family judge (juge aux affaires familiales) changes the support, and only for the future.

When to consult a lawyer

A lawyer drafts a precise complaint that quantifies the arrears and cites the right provisions. They also stand by you at the hearing as a civil party. For the paying parent, they prepare the defence and ask the judge for a review if income has fallen.

A family lawyer answers within 20 minutes. The official remedies are listed on the service-public page on unpaid maintenance.