Lawyer at the Lyon Bar - Toque 1626
Drapeau français | English flag
Facebook Twitter

Residence of the child and visiting rights, alimony and compensatory allowance

lawyer divorce custody right

How are organized the child's rights to visit, his/her right of accommodation and the place of residence of the child, after a divorce?









The Family Judge can either:
  • Fix the child's residence alternately with the mother and the father,
  • Fix the residence of the child at the home of one of the parents and fix a right of access and accommodation for the other parent whose residence is not fixed,
  • Decide that the right of access and accommodation for the parent whose residence is not fixed will be exercised in a neutral place (specialized association), often pending the outcome of a social inquiry.

Alimony

Each parent contributes to the maintenance and upbringing of the children in proportion to his/her resources, those of the other parent, and the needs of the child. This obligation does not cease automatically when the child is of age (= over 18). (Article 371-2 of the Civil Code)

A purely indicative table edited by the Ministry of Justice will allow you to obtain a rough estimate of your alimony.


Compensatory allowance

Divorce ends the duty of help between spouses.

One of the spouses may be required to pay the other a benefit intended to compensate, as far as possible, the disparity that the marriage breakdown creates in the respective living conditions. This benefit has a flat-rate nature. It takes the form of a capital whose amount is fixed by the judge.

However, the judge may refuse to grant such a benefit if equity demands, or in consideration of the criteria provided for in Article 271 of the Civil Code, or when the divorce is pronounced to the exclusive wrongs of the spouse who requests this benefit, given the particular circumstances of the breakdown of the marriage. (Article 270 of the Civil Code).

The compensatory allowance is fixed according to the needs of the spouse to whom it is paid and the resources of the other, taking into account the situation at the time of the divorce and the evolution of the divorce in the foreseeable future.

The judge takes into consideration in particular:

  • the duration of the marriage;
  • the age and state of health of the spouses;
  • their qualifications and their professional situations;
  • the consequences of the professional choices made by one of the spouses during the joint life for the education of the children or to favour the career of his/her spouse to the detriment of hers/his and the time that it will be necessary to devote to it;
  • the estimated or foreseeable wealth of the spouses, both in capital and in income, after the end of the matrimonial regime;
  • their existing and foreseeable rights;
  • their respective retirement pension situation after having estimated, as far as possible, the reduction in pension rights which may have been caused, for the creditor spouse of the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Article 271 of the Civil Code);