In France, when the father has not acknowledged paternity, there are several ways to establish a parent-child relationship. First, it can be established through the recognition of possession d’état. This method of acknowledgement is based on sociological rather than biological truth. It is defined as a set of facts that demonstrate the existence of a parent-child relationship, such as treating the child as one’s own, contributing financially or morally to their upbringing, being publicly recognised as the parent, or the child bearing that parent’s surname.

This possession d’état can be established by a notary, who will issue a certificate confirming it, thereby allowing the parent-child relationship to be formally recorded in the civil status registers. It can also be established by the court through legal proceedings. The applicant must submit sufficient evidence to prove the existence of this possession d’état.

In addition, the claimant may also bring the matter before the court to request a biological test and have parentage legally established. 

When parentage is established judicially, the court must rule on the child support owed by the newly recognised parent. This child support may be retroactive to the child’s birth and thus represent a significant amount.

In France, child support is only owed once a parent-child relationship has been legally established. There is, however, one exception: the “action for subsidies”, which allows a child whose paternal filiation has not been established to claim financial support from the person who had relations with the mother during the legally presumed period of conception.

The authority competent to determine child support is the family court judge. In principle, jurisdiction lies with the judge of the court located where the family resides. However, if the parents are separated, the competent court is that of the place of residence of the parent with whom the child usually lives. In the case of shared custody, jurisdiction is vested in the court of the place of residence of the parent who did not initiate the proceedings.

When one or both parties reside outside France, private international law applies. In such cases, specific rules are laid down by the “Aliments” Regulation of 18 December 2008 (Council Regulation (EC) No 4/2009).

If the parents reach an agreement – either directly or through their legal representatives – they may enter into a parental agreement setting out the terms and conditions for the payment of child support. This option is available only if the parents are not married; it avoids the need for judicial intervention. Although not compulsory, it is strongly recommended that the agreement be submitted to the family court for registration. This is generally a simple formality, but it provides legal security for the parents, particularly in the event of difficulties such as non-payment of child support. In such cases, the recipient may instruct a bailiff to enforce the registered agreement.

Moreover, in most cases today (with some exceptions), child support is paid via the Family Allowance Fund (Caisse d'Allocations Familiales, or CAF). This system is intended to facilitate the payment of child support and prevent it from becoming a source of tension for families.

To determine the amount of child support, the court considers several criteria, including the parents’ respective resources, their expenses, and the children’s needs. Judges also take into account the amount of time the child spends with the parent ‒ ie, the more time the child spends with the parent receiving child support, the higher the amount of child support is likely to be.

To assist in calculating child support, a reference scale issued by the Ministry of Justice may be used. However, although litigants often rely on this scale, magistrates typically prefer to decide on a case-by-case basis.

Child support may take the form of a fixed monthly payment or the coverage of certain direct expenses, such as transport costs, school fees, or non-reimbursable medical expenses. It may also be a combination of both.

Although the judge cannot require the debtor to provide financial guarantees for the payment of these pensions (eg, funds blocked in a bank account), there are simplified enforcement procedures available that will enable the recipient to recover the amounts due promptly and at low cost.

Child support does not automatically end when the child reaches the age of majority, which is 18 in France. It continues to be owed until the child is financially independent – ie, until they earn an income equivalent to the national minimum wage, known as the Salaire Minimum Interprofessionnel de Croissance (SMIC) in France.

Court decisions setting the amount of child support are always subject to revision if there is a change in circumstances, such as a significant decrease or increase in income, the birth of a new child affecting a parent’s financial responsibilities, or a change in the child’s living arrangements that results in them spending more time with one parent.

As for tax treatment, if the child’s residence is established with one parent, child support is a taxable income for the recipient and tax-deductible for the payer. In cases of shared custody, however, child support is neither taxable nor deductible.

The court takes into account all sources of income, regardless of their nature. This includes income generated by professional activity – such as salaries and attendance bonuses received by company managers – as well as income from assets (eg, dividends, rental income) or income from movable capital.

Social security benefits are also taken into consideration by the judge.

The parties are required to act with full transparency. To support their claims, parties must submit all relevant documents concerning their situation, such as their latest tax notice, pay slips, or – if they are company directors – balance sheets. Parties must also provide evidence of their expenses: rent, loans, taxes, electricity and telephone bills, children’s school fees, and so on. Failure to produce the necessary documents may lead the judge to draw any conclusions deemed appropriate. The judge also has the power to order the production of such documents, if necessary, under threat of a financial penalty.

Under French law, spousal support can take several forms, as follows.

• Contribution to marital expenses may be requested during the marriage in the form of a financial payment (pension) when one spouse fails to contribute to the family’s needs. This contribution covers not only the needs of the requesting spouse but also those of the children. It is a general contribution to the household.
• During divorce proceedings, spousal support takes the form of the duty of maintenance (devoir de secours), which may be ordered as temporary support until the divorce is finalised.
• After the divorce, a lump sum (prestation compensatoire) may be awarded to reduce the economic disparity resulting from the breakdown of the marriage.

These differences between different spousal support will be explained later.

To establish French jurisdiction over spousal support, private international law rules must be applied as in all types of litigation, as follows.

• If two or more EU member states are involved, Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations must be applied.
• Where France and one or more third states are involved, any existing bilateral or multilateral convention between the relevant countries must be applied.
• In the absence of such a convention, the rules provided in the above-mentioned EU regulation should be reverted to.
• Even if France would not normally have jurisdiction under said EU regulation and would ‒ under its own rules of jurisdiction ‒ refer the case to a third state, Article 15 of the French Civil Code may still be applied as a last resort, thereby allowing for French jurisdiction where one of the parties is French.

Under EU rules, French courts will have jurisdiction if either the creditor or the defendant is habitually resident in France and ‒ if divorce proceedings are pending ‒ provided that jurisdiction for the divorce is not based solely on the nationality of one of the parties. France may also have jurisdiction in cases of a choice-of-court agreement, or based on the nationality of the spouses, for example.

As regards French law, only the family judge will have jurisdiction to order spousal maintenance. There is no administrative organisation that can enforce alimony between spouses. But, of course, spouses can decide together in a divorce ‒ or during there marriage ‒ to determine the amount of contribution. Also, they can reach an agreement and divorce by mutual consent, and currently it is possible to divorce through an agreement that will be drafted by a lawyer and registered by a notary. Yet the notary is not a judge and cannot, for example, decide to change the amount of the lump sum.

In terms of unmarried couples, those in civil partnerships will have an obligation of aide materielle (material aid) during their union and this may resemble the contribution to household expenses required during a marriage; however, no spousal support is required upon separation. Unmarried cohabitants also have a form of material duty of mutual assistance during the relationship but, again, there is no spousal support or maintenance obligation for the other partner or cohabitant once the relationship ends.

Various Forms of Spousal Support

Contribution to marital expenses

The duty to contribute to marital expenses is a legal obligation imposed on all spouses, regardless of their matrimonial regime. It is based on Article 214 of the French Civil Code, which provides that ‒ unless otherwise stipulated in the marriage contract – each spouse must contribute to the expenses of the marriage in proportion to their respective means.

The judge may determine this contribution when one spouse fails to support the needs of the family. It may take the form of spousal maintenance (alimony) or the direct payment of specific expenses, such as mortgage instalments. It covers not only household expenses and the needs of the other spouse, but also those of the children.

When assessing this contribution, the judge must take into account:

• professional income;
• income generated from assets; and
• personal expenses.

The mismanagement of personal assets may also be considered – for instance, where a spouse owns real estate but refuses to rent it out.

The judge does not distinguish between the needs of the children and those of the spouse.

This duty ends once the divorce is pronounced.

Duty of support (devoir de secours)

This form of support is granted during divorce proceedings, based on Article 212 of the French Civil Code. It is a temporary measure and ceases once the divorce becomes final. At that point, any lump sum awarded must be paid.

The duty of support may take the form of monthly maintenance or, alternatively, the payment of certain expenses (eg, mortgage payments). The duty of support may also include free use of the marital home ‒ although post-separation occupation of the family home usually entails payment of an occupation indemnity, the court may consider that the spousal support awarded is insufficient and thus authorise one spouse to remain in the home rent-free as part of the duty of support.

Case law adopts a broad interpretation of this duty, as follows.

• The duty of support is not limited to subsistence but aims to temporarily equalise the spouses’ living standards during divorce proceedings (see 2nd Civ, 27 May 1999, No 91-22.301; 2nd Civ., 7 May 1980, No 78-15.739).
• Extravagant or luxury expenses claimed by the requesting spouse are disregarded.
• Courts are increasingly attentive to whether the spouse seeking support is actively pursuing employment.

This support is assessed based on the spouses’ respective financial situations, particularly:

• professional income;
• income from assets; and
• individual expenses.

As it is a temporary measure, if a spouse’s situation changes during the proceedings, they may request a new decision revising the amount of support.

Compensatory allowance

The compensatory allowanc (prestation compensatoire) is a lump sum payment ‒or, exceptionally, a periodic payment over up to eight years ‒ granted upon divorce to compensate for the disparity in living standards caused by the breakdown of the marriage (Articles 270 et seq of the French Civil Code).

It is designed to ensure financial fairness, based on the spouses’ respective situations at the time of divorce, including:

• income and assets;
• professional prospects; and
• the impact of choices made during the marriage (eg, one spouse sacrificing a career to raise children).

The allocation of marital property is also taken into account, particularly if it is unequal.

The prestation compensatoire is typically paid:

• as a lump sum (in one instalment or in scheduled payments over eight years); or
• exceptionally, as a life annuity based on the age or health of the recipient.

It may also consist of a transfer of ownership or usufruct over property, subject to strict conditions.

Enforced Payment

Although French law does not provide specific guarantees for securing the payment of maintenance obligations, failure to pay may lead to:

• enforcement measures (eg, asset seizure); or
• criminal prosecution for family abandonment (abandon de famille) ‒ under Article 227-3 of the French Penal Code, non-payment of spousal or child maintenance constitutes a criminal offence.

There are no additional guarantees (eg, mandatory health coverage) that one spouse can require from the other.

Tax Treatment of Spousal Support

Tax treatment varies depending on whether support is paid as a periodic allowance or a lump sum, as follows.

• Periodic spousal maintenance ‒ per Article 156, II 2° and Article 79 of the French General Tax Code, periodic spousal maintenance (eg, court-ordered monthly payments) is:
1. taxable income for the recipient; and
2. tax-deductible for the payer.
• Lump sum compensatory allowance ‒ per Article 199 octodecies of the French General Tax Code, lump sum compensatory allowance (prestation compensatoire en capital) is:
• if paid in full within 12 months of the divorce judgment:
1. not taxable for the recipient; and
2. not deductible for the payer, but they receive a tax credit equal to 25% of the amount paid, up to a maximum of EUR30,500 (ie, maximum credit is EUR7,625); and
• if paid over more than 12 months:
1. treated like periodic maintenance ‒ ie, taxable for the recipient and deductible for the payer.

In French law, when determining spousal support ‒ whether spousal maintenance before or during divorce or a compensatory allowance after divorce (prestation compensatoire) ‒ the courts adopt a broad approach to assessing the parties’ financial resources. This assessment is not limited to declared income alone.

The concept of “income” is interpreted broadly by French courts and includes:

• professional income ‒ for example, salaries, wages, self-employment earnings, retirement pensions, and unemployment benefits;
• income from assets ‒ including rental income, dividends, and interest from savings or investments;
• in-kind benefits ‒ for example, free accommodation, use of a company vehicle, or any benefit reducing living expenses;
• earning capacity ‒ even in the absence of current income, the court may assess a spouse’s potential earning ability, taking into account their qualifications, age and health, as well as prevailing job market conditions;
• other financial resources ‒ for example, support from family or third parties, occasional earnings, or social welfare benefits (although these are generally given limited weight); and
• hidden (undeclared) income ‒ the French Supreme Court (Cour de cassation) has held that hidden income must also be taken into account when determining spousal support (although proving its existence is often challenging (Cass 1re civ, 15 January 2020, No 18-26.012)).

In recent years, courts have reaffirmed that maintenance obligations take precedence over other financial commitments. Accordingly, a spouse who deliberately incurs significant debt ‒ for instance, by taking out multiple loans ‒ in order to reduce their apparent ability to pay may still be ordered to provide substantial spousal support. Courts may disregard such debts if they appear to have been contracted in bad faith or with the intent of evading family obligations.

The parties submit documents during the proceedings ‒ notably, their tax assessments, property deeds, and proof of their expenses. For the prestation compensatoire, the spouses provide a sworn statement of honour. However, unlike some jurisdictions that require sworn affidavits, this requirement does not exist in France.

Please refer to 2.2 Calculation of Spousal Maintenance, Duration and Ancillary Relief.

In France, child support orders are provisionally enforceable. In order to enforce the order, it must be served by a process server before the payment of support can be obtained.

If child support has been set in a parental agreement, an enforceable title can be requested from the CAF. 

The process server (commissaire de justice) is responsible for enforcing child support orders and may initiate seizure proceedings with the debtor’s employer or bank. The process server is the only one with access to FICOBA (Fichier Informatique des Comptes Bancaires et Assimilés), which is a national database listing all bank accounts in France.

ARIPA (Agence de Recouvrement et d'Intermédiation des Pensions Alimentaires), which has been in existence since 1 July 2018, is an official organisation that can also collect child support payments.

Child support is automatically indexed to the cost of living. The child support order sets out the indexation rate. Indexation is carried out annually by the debtor.

Unpaid support can be claimed for the previous five years, including indexation if this has not been done by the debtor. Late payment penalties should be added to this, which are set at the legal interest rate of 6.65% in 2025.

ARIPA (see 3.2 Remedies in Child Support Orders) can collect child support payments but only child support. The service is free of charge; legal professionals send the enforcement order details directly to ARIPA, which then contacts the parents to arrange payment terms. The CAF automatically manages the revaluation of maintenance payments in accordance with the terms set out in the enforcement order.

As with the enforcement of child support orders (see 3.2 Remedies in Child Support Orders), the process server (commissaire de justice) is responsible for enforcing spousal maintenance orders and may initiate seizure proceedings with the debtor’s employer or bank. It is also possible to file a complaint for family abandonment, as mentioned in 2.2 Calculation of Spousal Maintenance, Duration and Ancillary Relief (Enforced Payment).

In order to enforce a spousal maintenance order, it must be served by a process server before payment can be obtained. Unpaid maintenance can be claimed for the past five years, including indexation if this has not been done by the debtor. Late payment penalties should be added to this, which are set at the legal interest rate of 6.65% in 2025.

Unpaid arrears of spousal maintenance or compensatory allowance can also be claimed as part of the liquidation and division of the matrimonial property regime. Such arrears will be treated as debts between spouses.

The compensatory allowance, if paid as a lump sum, is not subject to revision. If it is paid over several years, the duration of the payments can be revised, but not the amount of the compensatory allowance. Only compensatory allowance paid as a life annuity is subject to revision and this requires either an agreement between the parties or an application to the judge.

In France, to modify an order setting child support, one of the following new elements must have been introduced.

• Increase in the children’s needs ‒ generally, children’s needs tend to increase over time, so decisions often result in higher child support payments as time goes by (notably, due to orthodontic treatments, rising school fees, etc).
• Change in the situation of the creditor or debtor ‒ this can include job loss, a promotion, or remarriage (the latter often leads to a sharing of financial responsibilities). Living with a new partner is a factor judges take into account, considering that the person shares their expenses.
• If custody of the child changes, the child support can be revised accordingly. By way of example, if a mother has custody of the child initially but after that custody of the child is shared, this may lead to a reduction or even termination of the child support paid by the father, with expenses then shared proportionally based on the parents’ incomes and the children’s needs.

Given that maintenance obligations are matters of public policy, the parties cannot exclude a revision under French law. This is especially true for child support, which is inherently always provisional and can be adjusted at any time based on the parents’ financial resources and the children’s needs.

As with child support orders (see 4.1 Modification of Child Support Orders), to modify a spousal maintenance order, a new element must be introduced ‒ ie, a change in the situation of either the creditor or debtor. As is also the case with child support, spousal maintenance obligations are matters of public policy, so the parties cannot exclude a revision under French law.

However, regarding compensatory allowance paid as a life annuity or in periodic payments, the parties may agree the obligation will cease ‒ for example, in the event of the recipient’s remarriage.

As noted in 4.1 Modification of Child Support Orders and 4.2 Modification of Spousal Maintenance Orders, under French law, maintenance obligations are matters of public policy. Therefore, it is not possible to stipulate ‒ for example, in a marriage contract ‒ a fixed amount of spousal or child support, nor to exclude such obligations altogether in the event of separation.

This situation often arises when spouses have signed, in a common-law country, a prenuptial agreement that excludes spousal maintenance obligations upon divorce. If the divorce proceedings take place in France, the French judge will disregard such a clause in the marriage contract on the grounds that it violates French public policy.

French law recognises the exequatur procedure for recognising foreign decisions. The process for recognising foreign child supports order differs depending on whether or not an international convention applies.

Under the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “2007 Hague Convention”), the designated central authority in France is the Debt Recovery Office (Bureau de Recouvrement des Créances Alimentaires) within the Ministry for Europe and Foreign Affairs.

French courts will not recognise a foreign child support order if it is considered contrary to the French public order.

As mentioned in 5.1 Recognition of Foreign Child Support Orders, French law recognises the exequatur procedure for recognising foreign decisions. The process for recognising foreign spousal maintenance orders differs depending on whether or not an international convention applies.

As with foreign child support orders, French courts will not recognise a foreign spousal maintenance order if it is considered contrary to the French public order.

Once recognised, a foreign order for child support or spousal maintenance will be enforced under the same conditions as a French order. See 3. Enforcement of Orders and Available Remedies for further details.

In terms of international treaties or conventions, there are five options that could apply to child support orders made or effectuated in France:

• recognition of a decision issued by a signatory state of United Nations Conference on Maintenance Obligations and Convention on the Recovery Abroad of Maintenance of 20 June 1956;
• recognition of a decision issued by an EU member state under the European Regulation (CE) No 4/2009 of 18 December 2008;
• recognition of a decision issued by a signatory state of the 2007 Hague Convention;
• recognition of a decision issued by a signatory state of a bilateral convention with France; or
• recognition of a decision issued by a non-signatory state of any further international or bilateral convention.

As regards foreign spousal maintenance orders, French courts will apply the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations.

French courts may modify a foreign child support order if they have jurisdiction with regard to Article 3 of the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children and if there are new circumstances justifying this modification. Family court judges can be petitioned by simple request without the need for a lawyer.

French courts may modify a foreign spousal maintenance order if they have jurisdiction with regard to Article 7 of the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and if there are new circumstances justifying this modification. It is mandatory for cases to be submitted to the family court by a lawyer.

The right to claim child support payments is subject to a five-year limitation period. However, when the child support obligation has been established by a court decision, enforcement proceedings may be initiated within ten years.

As with child support obligations, the limitation period within which to claim spousal maintenance arrears is five years (Article 2224 of the Civil Code). However, this limitation period is suspended during the marriage (Article 2236 of the French Civil Code). Therefore, the five-year period starts running from the date the divorce becomes final.

The Cour de cassation has held that these maintenance arrears can be claimed during the liquidation-sharing proceedings following the divorce and that initiating such proceedings interrupts the limitation period (Cour de cassation, 1ère civ, 11 May 2023, No 21-19.682). This constitutes a debt between spouses (Article 1543 of the French Civil Code) that cannot be reduced on grounds of equity. However, it should be noted that late payment interest applies to arrears.

The judge may order one party to pay the other a sum of money under Article 700 of the Code of Civil Procedure. This provision covers lawyers’ fees, travel expenses to attend the hearing, and loss of income resulting from time taken off work to appear in court. However, in family matters, courts often reject the application of Article 700 ‒ considering that its application would be unfair, given the specific nature of such disputes. In practice, this provision is rarely used.

Under French law, there is a distinction regarding the awarding of legal costs. A party may be ordered to pay the other party’s attorney’s fees under Article 700 of the Code of Civil Procedure. However, this never covers the full amount of legal fees. In family law cases, it is customary for judges to consider that there is neither a winning nor a losing party, and therefore they usually do not award costs under Article 700 of the Code of Civil Procedure. Nonetheless, in recent years, procedures deemed clearly inadmissible or abusive have led to an award under Article 700 of the Code of Civil Procedure.

Alongside this, there is the award of dépens (Articles 699 and 700 of the Code of Civil Procedure). The losing party in family matters can be ordered to pay the dépens, which are often higher than the Article 700 award. Dépens consist of other legal costs such as bailiff fees, court fees, hearing fees, translation costs, and expert fees (this list is not exhaustive). Dépens can also be divided between the spouses.