Alimony is a sum paid by one parent to the other to contribute to the maintenance and education of the child. Its amount is fixed according to the parents’ income and the child’s needs. Does it have to be paid every month? Can we escape it?
Is the payment of alimony obligatory?
Yes, in the majority of situations. If this alimony was the subject of a judgment at the time of the divorce or separation of the parents, it can be paid compulsorily within the framework of traditional or joint custody. It covers costs related to daily life such as food, housing, education or leisure. A contribution to additional costs may also be provided in the event of school trips, private education, childcare costs, etc. This sum can be paid in the form of a monthly sum of money or exceptionally by directly covering the costs incurred by the child or the enjoyment of property such as housing.
Separated parents: when can alimony be optional?
However, there are two situations in which the payment of alimony can become optional:
- joint custody;
- financial difficulties (following a job loss for example).
In the context of shared custody, each parent accommodates their child equally. This method of care therefore implies that the costs are shared equally. But if the two parents have very different incomes, the parent with the higher resources may have to pay support to the other. In the case of impecuniosity (great financial difficulties) and a child entrusted exclusively to one of the parents, the one who does not have custody can be relieved of his maintenance obligation.