The legal obligation to provide support applies not only to parents vis-à-vis their children, but also in the opposite direction. Our elders may also need help. This duty, innate in some children, can also be forgotten by others!
What is the maintenance obligation?
In anticipation of certain indelicacy, the obligation to provide maintenance is set out in article 205 of the French Civil Code:"Children owe maintenance to their father and mother or other ascendants who are in need. Contrary to the term "alimony" used, the obligation does not only concern food. It is maintenance in the legal sense of the term, i.e. everything necessary for everyday life: accommodation, food, clothing, medical care, even funeral expenses.
How can an ascendant obtain this assistance?
Anyone in need can claim financial assistance from their children or grandchildren, for example to cover the cost of accommodation in a retirement home. The family judge is responsible for verifying whether the ascendant is really in a precarious situation. The judge then sets the amount of support to be granted. Alimony must be proportional to the resources of the payer and the needs of the recipient. Not an easy task, given that there is no official scale! The judge must therefore take various parameters into account when setting the amount. The debtor's financial situation will be scrutinized. Income, family expenses and debt levels are all factors that deserve the judge's full attention. It is also possible to include an indexation clause (based on the consumer price index).
An obligation towards parents-in-law too!
According to article 206 of the French Civil Code, this obligation also exists towards parents-in-law, and continues as long as the husband or wife, or children from the marriage, are alive.
Is it possible to opt out of this obligation?
First of all, the obligation to provide support is a matter of public policy. As such, it cannot be waived or assigned. However, this obligation is not absolute, and certain circumstances may prevent its implementation. Beware: the behavior of certain fathers and mothers or ascendants may well backfire. For example, under article 207 of the French Civil Code, if the ascendant"has seriously failed in his or her obligations towards the debtor, the judge may discharge the latter from all or part of the maintenance debt." This is sometimes referred to as the "exception of unworthiness". According to case law, this covers the most diverse situations: a parent who is hostile towards his or her child, or who has totally abandoned or abused his or her offspring... Unfortunately, there's no shortage of examples, and they're not just academic hypotheses!
Stéphanie Swiklinski