Calculation of the alimony

Principle of calculation of alimony

The principle often used which takes only account of the wages of the parents (and not of the resources) as of the committed loads (as the appropriations) is not only in inadequacy with the code (articles 205 to 208,371-2 and 373-2-2 of the civil code) and inequitable, but also encourages with a disempowerment of the parents like to a possible organization of insolvency (voluntary or involuntary).
There exists currently neither grid, neither scale, neither ceiling, nor percentage to calculate an alimony. They are the parts themselves which propose or which require a certain amount according to the needs for the children and their financial possibilities.
Indeed:
How is it possible to deduce the loads from general order before fixing a pension? It would be to consider that these same loads (various appropriations etc) have priority on the food need for the child.

The parents must firstly provide for the needs for the children, the other expenditure having to be made on the budget remaining, any contrary practice must be regarded as an encouragement with an abandonment of child and a disempowerment.

• The fact of taking account of the general loads, can make it possible certain parents (fathers or mothers) to contract artificial loads in order to withdraw from their obligations maintenance.

Moreover, it is imperative to take account of the expenses caused by the relative exerting a right of access and lodging:
During his right of lodging, the relative can be in the obligation to envisage a mode of guard.
With its load also, travelling expenses. The use wants that it is to the relative who profits from the right of access to assume the responsibility of picking up the child from the residence of the other relative and to bring him back there.

• The rights of accesses in practice induce an attendance time of the child thus divided.

• The cost of accommodation is fixed whatever the presence rate of the child. It appears inconceivable to pay a rent of the F2 type for 25 days and a rent of the F3 type for the 5 days when the child is there, in order to take account of the occupation of its room! This relative must also give himself the means of receiving his child in a decent way. It is essential to retain these expenses more especially as this relative does not perceive him, no social security.

It is essential to take account of all the elements composing the budget of the child.
The appreciations and pseudo-calculations currently in practice thus do not fulfil the requirements of right, economic logic and good sense.

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