When, during a divorce or separation, the Family Affairs judge decides on the residence of a child, they will also set a contributory part for the maintenance and education of the child, more commonly known as child support.
This support is determined based on the needs of the child, the resources, and expenses of the parties involved.
In principle, it is due beyond the age of majority as long as the child lives with the parent who has custody, continues justified studies, or has not yet been able to find sufficiently remunerative employment.
To establish child support, the Family Affairs judge will consider the resources of the parent who must pay it and the needs of the child or children for whom it is intended.
Once set by the judge, can the amount of child support be modified?
1- Annual indexation of the support:
The decision rendered will establish an annual indexation of the support on January 1st of each year in accordance with the cost of living index to maintain purchasing power.
The Family Affairs judge will determine the reference index, the date of the first revaluation, the index to be used for revaluation, and the frequency of the revaluations of the child support.
The court decision will specify the indices for revision.
It is up to the creditor to automatically index the support.
2- In case of new developments:
It is always possible to modify child support upward or downward, or even to eliminate it in case of significant changes in the situation of one or both parents.
Only the new development since the last judgment will be taken into account.
This implies a change in the resources and/or expenses of the paying parent, or a change in the needs of the child or children, for example: job loss, increased study costs, etc.
The judge will evaluate the new situation of the parties based on solid documentation that should include income-related documents (tax returns, income declarations, pay slips, etc.) and current and specific expenses (for example, a mortgage or rent).
They will examine the evolution of the situation since the last judgment and take the new situation into account.
A comparison of the situation before and after the initial decision will be made.
It is up to the parent requesting the modification or elimination of their contribution to the child’s expenses to provide evidence of the circumstances allowing them to be relieved of this obligation.
It is entirely possible to represent oneself before the Family Affairs judge. However, it is recommended to hire a lawyer who will assist you throughout the procedure.
Especially since, once one parent brings the matter before the Family Affairs judge to request a modification of the child support, there is nothing to prevent the other from responding by counterclaiming for a reduction or elimination of the support, a change of residence, a modification of visitation and custody rights, etc.
This section is presented in collaboration with:
Ghislaine DUVILLIER
Lawyer at the Nice Bar
6 rue Bonaparte
06300 NICE
Mobile: 06 68 10 50 96
Phone: 04 89 24 10 30
Fax: 04 89 24 10 29
Email: [duvillieravocat@gmail.com](mailto:duvillieravocat@gmail.com)
Website: www.avocatduvillier.com
