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The obligation to provide support, a family duty

The "obligation alimentaire" is a legal obligation for families to provide financial support for relatives in difficulty. This principle, which goes beyond emotional ties, is part of a legal framework designed to meet the basic needs of family members.

Meeting essential needs

When a loved one is no longer able to meet his or her basic needs, the obligation to provide support requires certain family members to make a financial contribution. This assistance can take the form of :

  • financing the cost of accommodation in an institution (EHPAD, retirement homes)
  • payment of rent or home help
  • covering food expenses
  • medical care.

The people concerned

This obligation applies to direct family relationships and is reciprocal. It applies between :

  • parents and children
  • grandparents and grandchildren
  • sons-in-law/daughters-in-law and parents-in-law (in this case, the obligation ends in the event of divorce, or if the spouse and children are deceased)
  • adoptees and adoptive parents (with nuances depending on the type of adoption).
The amount of this aid depends on the real needs of the person in difficulty, but also on the means of the person who has to pay it.

Exceptions to the rule

The law of April 8, 2024, designed to promote autonomy and good living, exempts from the maintenance obligation in certain cases:
- for children removed from their family environment before the age of 18 for a cumulative period of 36 months
- for children one parent of whom has been convicted of crimes against the other parent
- in cases of sexual assault by one parent against the other
- for grandchildren when a request for social housing assistance concerns a grandparent.

How to apply

The person in difficulty must prove that his or her resources are insufficient to live with dignity. Ideally, an amicable agreement sets the amount of assistance. In the event of disagreement, the family affairs judge may be called upon. The amount can be revised if the debtor's resources decrease or if the ascendant's needs change.

Good to know

- Between spouses, this is an evoir de secours and not a maintenance obligation. It also applies to PACS partners.
- The obligation to support in-laws applies only to married couples.