Practical guide to alimony and child support
For the general public
How is alimony calculated?
Basic criteria :
- Income of both parents
- Number and age of children
- Custody arrangements (conventional, alternating, reduced)
- Current expenses for each parent
The main rules
- The parent with the fewest children usually pays
- The amount depends on the paying parent's means
- The children's needs always come first
- The amount can be reviewed if the situation changes
Indicative scale
For a parent earning 2000€/month :
- 1 child: around 15% of income
- 2 children: around 28% of income
- 3 children: around 37% of income
For legal professionals
Art. 371-2 Civil Code: Parents must contribute to the upkeep and education of their children in proportion to their resources.
Detailed calculations
1. Resource analysis
- Net professional income
- Income from movable and immovable property
- Social benefits
- Benefits in kind
2. Valuation of expenses
- Incompressible expenses
- Current loans
- Other support obligations
- Housing costs
3. Correction coefficients
Guard type
- Classic: base 100%
- Alternate: 50% discount
- Reduced: 25% discount
Special situation
- Higher education: +40%
- Disability/health: +30-50%
- Private schooling: +20
Ministerial reference grid
Debtor's income / Rate for:
<= €2000
- 1 child: 18%
- 2 children: 31%
- 3 children: 40%
2001-3500€
- 1 child: 15.5%
- 2 children: 28%
- 3 children: 37
Judicial points of attention
1. Motivation for decisions
- Actual resources of the parties
- Specific needs of the children
- Actual custody arrangements
2. Required evidence
- Avis d'imposition
- Bulletins de salaire
- Justificatifs de charges
- Attestation CAF
3. Possible revision
- Change of situation
- Change of needs
- Change of resources
Essential case law
- Cass. 1re civ., March 14, 2006: proportionality to resources
- Cass. 2e civ., January 23, 2020: possible cumulation with social benefits
- Cass. 1re civ., May 4, 2017: actual expenses taken into account
Best practices
1. Systematic assessment :
- Total resources
- Justified expenses
- Specific needs
2. Full documentation :
- Financial situation
- Custody arrangements
- Exceptional expenses
3. Anticipating change :
- Revision clause
- Annual indexation
- Periodic revaluation
