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Alimony is an amount of money paid monthly to a person who is in need in order to make him/her live.
It is allocated:
- to the children of the couple, it is a contribution to the maintenance and the education of the children;
- to the husband/wife, it is a maintenance obligation which is due only during the divorce procedure.
The alimony
Several kinds of alimonies exist. They answer different conditions and situations. The amount of the pension is given either by mutual agreement, or on decision of the judge to the family affairs.
Conditions of attribution
In the event of divorce, of separation in fact, good or judicial separation, rupture of cohabitation or Civil Partnership, one of the partners can ask the other unites the payment of an alimony.
For all the divorces pronounced on the base of the law of May 26th, 2004, the economic disparity being able to exist between the partners because of the divorce can be compensated by the payment of a compensatory service.
In the event of divorce for rupture of the common life, pronounced pursuant to the law of July 11th, 1975, the duty of help is maintained with the profit of the husband who did not take the initiative of the divorce. Its ex-unites can be obliged to pour an alimony to him.
In the event of separation (divorce, judicial separation, rupture of cohabitation…), one of the parents can require of the other to pour to him a contribution to the maintenance and the education of their common children. This contribution can be solicited within the framework of the divorce procedure or, if they are not married, by engaging a specific action in front of the judge to the family businesses.
If there does not exist agreement between the parts, the amount of the pension will be fixed by I judge. The amount of this contribution is fixed according to the resources of the applicant, of those of the other relative, as well as needs for the child. This obligation is carried out normally by the monthly payment of an amount of money. It can also take the form, for whole or part of its amount, of a direct assumption of responsibility of the expenses engaged for child (canteen, extra activities school, etc).
This obligation does not cease automatically in the majority of the child but continues until the end of its studies or if the child is with unemployment or handicapped.
That his/her parents are separate or not, the major child can itself request this contribution near the judge to the family businesses.
Fixing of the amount of the pension
The amount of the alimony is fixed according to the resources of the debtor and the creditor. It can be also indexed in order to follow the increase in the cost of living. The parts can propose to the judge to retain a particular index given by INSEE (National institute of the Statistics and the Economic studies).
In the absence of agreement, the judge fixes an index. He then indicates the date on which the pension must be revalorized. He can refer, either with the last index published with the Official journal, or with a precise monthly index (the consumer price index of the households of April of the current year for example).
The consumer price index is the index more used. Published with the Official journal, it is declined in two indicators which do not take into account the price of the tobacco:
- the index “whole of the households” (which applies to all the French territory, territorial authorities include);
- the index “urban households whose household head is workman or employee”.
There exist also specific indices for the communities of overseas.
The alimony must be automatically revalued, according to the index and at the dates envisaged in the judgment.
Calculation of the pension
To calculate the amount of the revalorized alimony, it is necessary: to multiply the amount of the current pension by the new index, and to divide the whole by the preceding index.
If the alimony is of 300 euros:
- that the index with the household consumption in August 2006 is of 113,71;
- that the index with the household consumption in August 2005 is of 111,6;
then the new one assembling pension will be:
(300 euros X 113,71) /111,6 = 305,67 euros
The new one assembling pension thus rises with 305,67 euros.
The revision of the pension
If the needs or the resources of that which perceives the pension (the creditor) or of that which pours it (the debtor) changed since the last decision relating to the amount of the pension, a request for modification of the alimony can be formed:
- by the creditor, if the pension proves to be insufficient to provide for its needs. He will ask the increase then of it.
- by the debtor, if he cannot assume any more his obligation following a modification of his resources (lowers its incomes, increases in the loads, marriage or cohabitation, retirement, unemployment, accident, disease…). He will ask it’s reduction or suppression.
A person who does not pour, during more than two months, with its ex-unites, the alimony due for their children or for itself, makes an offence of abandonment of family.
This offence of abandonment of family is liable to a sorrow of two years imprisonment to more and 15.000 euros fine at the maximum.
As long as the pension is not revised, it is completely due by the debtor. food http://www.vos-droits.justice.gouv.fr/Pension
Stop of Alimony
The alimony ceases being due when the child is not any more with the load of his parents:
- the child reached the majority;
- the child gets married even if he is not major;
- the child perceives incomes which enable him to remain with his needs.
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