What are the conditions for alimony to be no longer paid?

through Dorothy Perry January 31, 2023
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Summary

What are the circumstances for cancellation of alimony?

The order of termination of alimony: how to do it?

What are the circumstances for cancellation of alimony?

Once child support is ordered by a judge, the obligor parent pays the same amount each month until the child in question becomes financially independent.

Good to know: from 1er January 2023, child support is no longer paid to the obligor parent ARIPACAF alimony recovery agency.

In some cases, it is possible to stop payments earlier. That’s what it takeschange important interferes with the living conditions of the child or at least one of the two parents.

The following reasons, for example, can be a valid basis for requesting the cancellation of alimony:

  • The salary and/or resources of the debtor parent (the pensioner) have been significantly reduced (unemployment, increased payments, etc.)
  • The salary and/or resources of the creditor parent (the pensioner) have increased significantly (inheritance, annuity benefits, professional advancement, etc.)
  • The child gets paid
  • Change of custody (from sole custody to alternate custody, etc.)

Whatever the reason, it must be related to the change that has occurred after a final order by a family court judge regarding the amount of pension.

To request the cancellation of alimony, it is necessary to contact to a family court judge.

Complete to do this cerfa form n°11530, then send it to the court of the place where the supporting parent lives.

Warning: you have to justify your request attaching all useful documents to the aforementioned form (expenses, rental receipts, proof of resources, various invoices, Pôle Emploi certificate, etc.). Don’t hesitate to get help from a lawyer properly prepare your file and assess the chances of success of such a request (see this article about free consultation with a lawyer).

In addition, the following must be submitted to the judge:

  • Your copy Birth certificate and that of the child(ren) concerned (see how to obtain it)
  • Your copy marriage certificate or yours family record book
  • copy ID (CNI or passport)
  • The the judge’s final decision regarding alimony

Depending on your situation, other supporting documents may be required. Be sure to read the instructions carefully so you don’t forget anything.

Only after your request is made family court judge has the authority to decide on the termination of your alimony. You will receive an answer within a few weeks, deadlines vary from court to court.

Good to know: are you the creditor parent and child support has been terminated? You may be eligible for family support allowance paid by CAF.

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