In the event of a divorce or separation, one parent may need to pay child support to contribute to their children’s upbringing. How is this amount determined? A specialized lawyer explains the important factors to consider.
When parents split up or get divorced, one of them—based on each parent’s financial resources—must provide child support to cover expenses related to the child’s maintenance and education. According to Article 371-2 of the Civil Code, “each parent contributes to the children’s upbringing and education according to their means, the means of the other parent, and the needs of the child.” This legal obligation applies regardless of the custody arrangement, whether it’s limited, traditional, or joint custody (and is payable by the parent with the higher income). It helps cover part of the costs incurred for the child, such as food, clothing, transportation, and education. But how exactly is child support calculated? Anne Marion de Cayeux, a lawyer specializing in family law and amicable separation resolutions, sheds some light on this question.
Have you just separated from your ex-partner and are wondering how much you will receive? First, understand that the amount of child support is determined based on the parents’ income and the child’s needs. The Public Service website offers a calculator to estimate the amount of child support. While this can provide an initial indication, it is not entirely reliable.
From a practical standpoint, here’s an example: your ex-partner earns a net income of 2,000 euros per month. They have standard visitation rights, which include every other weekend and half of the school holidays. You have two children. According to estimates, the child support amount would be 157 euros per month per child, totaling 314 euros for both. There is also a guideline scale for calculating, which “provides an indication of the percentage of taxable income that the paying parent should give to the ex-partner who houses the children. However, this scale is imprecise and incomplete,” the professional notes. Remember, these online tools have no legal standing. It is ultimately a judge who sets the definitive amount of support based on the specific circumstances of the parents.
The lawyer therefore recommends “listing the essential income and expenses of each parent,” such as housing and taxes. Then, “add up the disposable income of both parents after deducting these costs and calculate a proportional contribution of each parent towards the children’s expenses”—this will help you establish an overall budget. Don’t forget to “plan in your agreement when during the year you will inform each other about your incomes to jointly define the children’s expense budget and how to manage it,” advises the professional.
Child support can naturally change over time and may need to be revisited if there are changes in income. Remember that paying child support is mandatory. If the parent responsible for payment fails to pay for more than two months, you have the right to file a complaint.
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