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Child and spousal maintenance

Setting, reviewing and collecting maintenance and post-divorce allowances.

Who owes maintenance?

The Personal Status Code sets maintenance obligations between spouses and towards children. A father remains responsible for the upkeep of his minor children.

How is the amount set?

The judge considers the payer’s resources, the recipient’s needs and the cost of living. The amount can be reviewed if circumstances change.

Non-payment

Failing to pay court-ordered maintenance is a criminal offence, and a public guarantee fund may, under conditions, pay the amounts due and recover them from the debtor.

This is general information and does not replace personalised advice from a lawyer.

Frequently asked questions

Can I ask for an increase?

Yes, a review can be requested if the child’s needs or the payer’s income have changed.

What happens if a parent does not pay?

They face criminal prosecution and enforcement measures against their assets and salary.

How do I apply to the guarantee fund?

You file the judgment and proof that enforcement failed; your lawyer helps you prepare the file.

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