The battle for child support has been raging for years. With thousands of arrears each year, the government has decided to take action and allow recipient parents to get back what they are owed. Thanks to the CAF, the former spouses will now have to pay their pensions, under penalty of a forced recovery procedure.
Alimony is a very sensitive and delicate subject in a separated family. A payment yet normal and compulsory in the rules of morality, yet the figures are alarming. It seems that 350,000 parents are affected by unpaid support payments, or 30% (1 million in total) of those who are entitled. Often, it is mothers raising their children alone who are unfairly affected by this phenomenon. What can be done to remedy this problem?
Last spring, Emmanuel Macron, at the end of the Great National Debate, promised to commit to restoring the rights of these troubled parents. The President has started to keep his promise since, since January 1, 2021, the family allowance fund (CAF) plays the role of intermediary between the beneficiary parents and their ex-spouse. This organization is inspired by the example of Quebec where, since 1995, the CAF has played the central role in the payment of child support. In other words, any painful contact with a reluctant ex-spouse will be abolished. We will explain everything to you.
For who ?
The operation of the “new public maintenance payment service” has been launched since October 2020 for all parents who are victims of unpaid bills. But since January 1, it has become widespread and is accessible to all separated parents affected by alimony. It is enough to return to the criteria: to be indeed separated in the eyes of the law.
How it works ?
No more direct transfers will be made. The parent liable for the payment must send the pension directly to CAF by direct debit from a bank, postal or savings account, unless he chooses another method of payment. Payment will take place on the 1st, 10th, or 15th of the month, as desired.
It is then the CAF which will compensate the applicant for the payor's pension. The handling is very fast, because according to a decree of September 30, 2020: "Alimony is paid to the creditor parent at the latest the day after the actual receipt of the pension by the debtor organization or the closest following working day if it is a public holiday or a non crafted”. Thanks to this, no more delay problems.
How to access it?
The practicality of this new decision is that the receiving parent does not need the agreement of the ex-spouse. There are two ways to proceed – remember that requests for this device work for pronounced or future separations -:
- The judge offers the device to the separated couple. The request is validated by both parties, and no other administrative procedure is to be carried out. Otherwise, one of the parents has a document from CAF or a notary (such as an enforceable title). This document will officially set the amount to be paid. The request will then be made on the CAF website. If the said parent does not have a fixed amount, it is possible to request an enforcement order from CAF.
- It is possible that the ex-spouse will refuse the device anyway. It will then be CAF which will initiate a procedure for the forced recovery of the sums against it.. During the latency period between the request and the execution, it is the CAF which pays allowances to the beneficiary parent of a minimum amount of 116 euros per child every month. If the planned maintenance is less than this amount, the organization still commits to paying 116 euros.
The average amount of alimony in France is 170 euros per month and per child.
In both cases, the device remains active until the child comes of age, unless an interruption is waived.
What is the goal ?
Too often, child support is unpaid, and there is nothing the receiving parent can do about it for fear. Indeed, blackmail is often a tool used by bad payers in this kind of case. This device was put in place to dissuade indebted parents from not paying and putting pressure on the other. Although there are still some caveats how to proceed, for example concerning parents living abroad, the stated goal is to eliminate 100,000 delinquencies per year. If the device works, then unpaid child support will quickly be a thing of the past.
There are still too many parents, especially women, mothers, who live on one salary and have difficult ends of the month. All because of other unconscious and very selfish parents. When you become a parent, you have to assume your role until the end, even financially.
Is the value of the child support fixed?
No, the alimony can vary over time. Check with your CAF. It is also possible to calculate the revaluation of a fair alimony here, thanks to the utility simulator.