The term alimony concerns two situations:
1 / Alimony due under the duty of help :
Marriage places various duties on the spouses, including the duty of community of life, the duty of fidelity, and the duty of help. When divorce proceedings are initiated, a first so-called conciliation hearing takes place. At the end of this, the Family Affairs Judge will authorize the spouses to reside separately. However, the other duties will be maintained. If the case law of the Court of Cassation has somewhat relaxed the concept of duty of loyalty while the divorce proceedings are in progress, the duty of help remains absolute.
By duty of help, we must understand the duty to provide the material means to his spouse so that he is not in difficulty because of the separation of the couple. Depending on the resources and costs of each spouse, the Family Affairs Judge may order one of the spouses to pay alimony in respect of the duty to help the other.
Your lawyer will assist you in presenting the conciliating magistrate with the most accurate reflection of your financial capacities, whether you are a creditor or a debtor.
2 / Alimony as a contribution to the maintenance and education of children :
Whether a couple is married or not, parents must contribute in proportion to their means for the maintenance and education of their children. This contribution depends on the needs of the child, the financial means of the parent with whom he usually resides, the financial means of the other parent, but also the rate at which this other parent receives the child.
The link below will allow you to have an order of magnitude of the sums which are in principle fixed by the Family Affairs Judges.
Your lawyer will assist you to present the specifics of your case to the Judge, and to see your food contribution or the request you make to your personal situation adapt.
N.B .: Cabinet FOURNIER draws your attention to the importance of seizing the Family Affairs Judge if the situation of the creditor or debtor of the alimony changes. Even if an agreement is reached between the parents to increase or decrease the amount paid, it is necessary to have this change approved by the Judge. Indeed, in the event that the creditor agrees to receive less than what had been judged, he can always, if he changes his mind, seize a bailiff, for the purposes of obtaining the seizure of the sums which he has received. remain due. Conversely, if a parent spontaneously increases their support contribution, but returns overnight to the amount to which they were condemned by the initial judgment, the creditor parent will have no legal means to force the debtor parent to continue to pay this. surplus sum.