Child Maintenance Calculation 2024: Guidelines and Methodology Under French Law

Are you a separated parent wondering about the amount of child maintenance to pay or receive in 2024? The calculation of child maintenance is based on precise legal criteria and an indicative guideline updated regularly. While this guideline is not mandatory, it serves as a reference for family court judges and parents seeking to reach an amicable agreement. Here’s everything you need to know to estimate the amount of child maintenance in 2024, taking into account income, the child’s needs, and the specifics of French law.

What is Child Maintenance?

Child maintenance is a sum of money paid by one parent to the other (or directly to the child if they are of age) to contribute to the upkeep and education of the children following a separation or divorce. It is determined based on the needs of the child and the resources of the paying parent (the one who pays the maintenance), as reiterated in a ruling by the Cour de cassation dated 21 January 1976 ([S8]).

Who is Affected?

• Separated parents (married, in a civil partnership, or cohabiting).
• Minor children or adult children in need (students, those without income, individuals with disabilities, etc.).
• The parent with whom the child primarily resides (or the parent who bears the main responsibility for the child).

What is it For?

Child maintenance covers expenses related to:

• Food, housing, and clothing.
• School fees, healthcare, and extracurricular activities.
• Leisure and the child’s day-to-day needs.

Legal Criteria for Calculating Child Maintenance

In France, there is no mandatory legal scale for calculating child maintenance. However, family court judges rely on an indicative guideline published annually by the Ministry of Justice. This guideline considers two main criteria:

1. The Income of the Paying Parent

The amount of maintenance depends on the net monthly income of the parent who pays it. These resources include:

• Salaries, bonuses, and allowances.
• Rental or investment income.
• Unemployment benefits or retirement pensions.
• Income from self-employment.

⚠️ Note: Fixed expenses (rent, loans, childcare costs, etc.) are also taken into account to adjust the amount of maintenance.

2. The Needs of the Child

The child’s needs vary depending on:

• Their age (a teenager generally costs more than a young child).
• Their custody arrangement (sole custody, alternating residence, etc.).
• Their specific expenses (healthcare, education, sports or cultural activities).

A ruling by the Cour de cassation dated 30 November 2023 ([S2]) reiterates that maintenance must be set in proportion to the needs of the child and the financial capacity of the paying parent.

The 2024 Guideline for Calculating Child Maintenance

The Ministry of Justice publishes an indicative guideline each year to help parents and judges estimate the amount of child maintenance. This guideline is based on:

• The net monthly income of the paying parent.
• The number of children to support.
• The custody arrangement (sole custody or alternating residence).

2024 Guideline for Sole Custody

Below is the indicative guideline for 2024, applicable in cases of sole custody (where the child primarily resides with one parent):

Net Monthly Income of Paying Parent (€)	1 Child	2 Children	3 Children
Less than €1,200	8%	10%	12%
€1,200 – €1,800	10%	12%	14%
€1,800 – €2,500	12%	14%	16%
€2,500 – €3,500	14%	16%	18%
€3,500 – €5,000	16%	18%	20%
More than €5,000	To be determined by the judge

💡 Example: If the paying parent earns €2,000 net per month and has 1 child in sole custody, the maintenance will be approximately 12% of €2,000, i.e., €240 per month.

2024 Guideline for Alternating Residence

In cases of alternating residence (where the child lives alternately with both parents), the guideline is generally reduced by 50% compared to sole custody. Here is an example:

Net Monthly Income of Paying Parent (€)	1 Child	2 Children
€1,800 – €2,500	6%	7%
€2,500 – €3,500	7%	8%

💡 Example: If the paying parent earns €3,000 net per month and has 2 children in alternating residence, the maintenance will be approximately 8% of €3,000, i.e., €240 per month (to be shared between the two parents).

How to Adjust the Amount of Child Maintenance?

The indicative guideline is only a calculation basis. Several factors may lead to an adjustment of the maintenance amount:

1. Exceptional Expenses

Certain expenses are not covered by the basic child maintenance and must be shared between the parents. These include:

• Unreimbursed medical expenses (orthodontics, glasses, etc.).
• School fees (private school, higher education).
• Extracurricular activities (sports, music, etc.).

These expenses are generally shared equally or proportionally to the parents’ incomes.

2. The Financial Situation of the Parents

If the paying parent has significant expenses (high rent, loans, childcare costs for other children), the judge may reduce the amount of maintenance. Conversely, if the receiving parent has very low income, the judge may increase the maintenance to ensure the child’s needs are met.

3. The Child’s Age

A child’s needs evolve with age. For example:

• A teenager has greater needs (clothing, outings, phone, etc.).
• A child in higher education may require higher maintenance to cover living and accommodation costs.

How to Have Child Maintenance Set or Modified?

1. Reaching an Amicable Agreement

Parents can agree together on the amount of child maintenance without involving a judge. This agreement can be formalised by:

• A parenting agreement (signed by both parents).
• A settlement protocol approved by the family court judge.

⚠️ Caution: Even in the case of an amicable agreement, it is advisable to have the maintenance approved by a judge to make it enforceable (i.e., mandatory and recoverable in the event of non-payment).

2. Applying to the Family Court Judge

If the parents cannot reach an agreement, one of them may apply to the juge aux affaires familiales (JAF) to have the maintenance set or modified. Here are the steps:

1. Prepare a file: Gather proof of income, evidence of expenses for the child, and any relevant documents (invoices, payslips, etc.).
2. Submit an application: The request can be made online via the Ministry of Justice website or directly at the registry of the local court.
3. Hearing before the JAF: The judge examines the arguments of both parents and issues a decision.

3. Modifying Existing Maintenance

Child maintenance can be revised at any time if the financial situation of the parents or the needs of the child change. For example:

• Job loss or reduced income of the paying parent.
• Increased needs of the child (illness, expensive studies).
• A change in custody arrangement (switch to alternating residence).

To modify maintenance, it is necessary to apply to the JAF again with the necessary supporting documents.

What to Do in Case of Non-Payment of Child Maintenance?

If the paying parent fails to pay child maintenance, several remedies are available:

1. Family Mediation

Before taking legal action, it is possible to engage a family mediator to attempt to find an amicable solution.

2. Recovery by the CAF or MSA

The Caisse d’allocations familiales (CAF) or Mutualité sociale agricole (MSA) can intervene to recover unpaid maintenance. The receiving parent can make a recovery request online or through their local CAF/MSA.

3. Legal Proceedings

If amicable recovery fails, the receiving parent can initiate legal proceedings to obtain payment of arrears. Sanctions may include:

• Attachment of earnings.
• Seizure of assets.
• Criminal proceedings (abandonment of family, punishable by 2 years’ imprisonment and a fine of €15,000).

Frequently Asked Questions

1. Is the 2024 Guideline Mandatory?

No, the indicative guideline published by the Ministry of Justice is not mandatory. It serves as a reference for judges and parents, but the final amount of maintenance is set based on the needs of the child and the resources of the parents.

2. How is Child Maintenance Calculated for an Adult Child?

For an adult child, child maintenance can be paid directly to the child if they are in need (student, without income, with a disability). The calculation is based on the same criteria as for a minor child: income of the paying parent and needs of the child. The amount may be adjusted depending on the situation (e.g., expensive studies, unpaid internship).

3. Can Child Maintenance be Deducted from Taxes?

Yes, child maintenance is tax-deductible for the parent who pays it, provided it is set by a judge or formalised by an approved agreement. The parent who receives it must, however, declare it as taxable income.

4. What if the Paying Parent Has Irregular Income?

If the paying parent has irregular income (self-employed, freelance worker), the judge may set maintenance based on an average of income over recent years or a lump sum. It is also possible to include a revision clause to adjust the maintenance according to income fluctuations.

5. Can Child Maintenance be Cancelled?

Child maintenance can be cancelled in certain cases:

• If the child becomes financially independent (stable employment, sufficient income).
• If the receiving parent unjustifiably refuses to allow the child to see the paying parent (right of access and accommodation).
• In the event of remarriage or cohabitation of the receiving parent (if this leads to an improvement in their financial situation).

To cancel maintenance, it is necessary to apply to the JAF and prove that the conditions for its payment are no longer met.