The law on equality between women and men: a guarantee against unpaid child support?

After separation, the first subject of discord is the non-payment or delayed payment of maintenance charged to the parent with whom the children do not have their habitual residence.
 
Recent surveys indicate an alarming percentage of 40% of alimony unfulfilled in France. Another poll, quoted in the press release of our Minister of Women’s Rights dated December 5, 2013, alimony represent nearly 1/5 th of the income of the poorest single parents. It is not clear what is meant by “the poor” …
 
Bill for equality between women and men was adopted at first reading on January 28 2014 One of its objectives is to ensure better recovery of maintenance by parents who are raising children alone.
 
On the occasion of the adoption of the draft, an online simulator calculation of child support that allows families to calculate the amount of child support based on objective criteria such as the number of dependent children the arrangements for their care and especially the net salary of paying the pension was uploaded.
 
The simulator is available at the following address: http://femmes.gouv.fr/simulateur-of-pension-alimentaire/.
 
So far “nothing new under the sun” as the annual reference table has been around for many years. Simulators for their part, were far more for a professional audience.
 
This extension of the reference table will effectively give an idea of the pension creditor to seek. However, do not take this information at face value: Amounts shown are for guidance only and are not able to tie before the magistrate will take into account many other criteria: assets of each other the special needs of the child (disability, private school …), the cost of transport to the exercise of rights of access …
 
What will change
 
Today, one parent (usually the mother is a fact) can claim the “ASF” (Family Support Allowance) to its fund family allowance if he establishes that the child support (with the exclusion of any other pension or annuity) has not been paid for 2 consecutive months.
 
To qualify for this with a current level of 90.40 euros per dependent child, you have to live alone.
 
CAF thereafter is expected to take the place of the parent and take action against the defaulting parent.
 
In practice, prosecutions are almost never involved. The only “catch-up” occurs when the defaulting parent seeking benefits. If the beneficiary, the amount of ASF him will be deducted from his allowance.
 
With the bill, the amount of the ASF will be upgraded gradually to 120 euros in 2018 (though the law still applies in 2018 …). The first increase will take place on April 1, 2014 and will be 5 euros per month per child.
 
From 1st July 2014, an experiment will be implemented in 20 departments: Ain / Dawn / Charente / Corrèze / Côtes d’Armor / Finistere / Haute-Garonne / Herault / Indre-et-Loire / Loire-Atlantique / Haute Marne / Meurthe-et-Moselle / Morbihan / Pas de Calais / Rhône / Saône-et-Loire / Paris / Seine-et-Marne / Belfort / Reunion.
 
This experiment is the main attraction of the bill.
 
In these departments, the BSO will thus granted after a month of non-payment only.
 
It was also added to the bill that its earnings will be maintained in the event of remarriage, PACS or common-law marriage of the recipient parent for a period fixed by decree. It is true that the stepfather or stepmother is not normally owes foods. However, it is surprising to national solidarity before family solidarity …
 
The major innovation for receiving parents will be the establishment of a minimum child support, even if alimony honored by the other parent if the amount charged to the maintenance debtor is less than the amount of ASF, the recipient parent will receive a supplement. So this is sort of an RSA child … to meditate!
 
It is also expected that the FCA may send the creditor or family court the information it has on the income of the debtor to the creditor parent can enter or re-enter the family court judge knowingly. This provision seems quite interesting and relevant to the extent that parents are supposed to disclose voluntarily all their resources to the magistrate, they are of course rarely !! The affidavits in France do not always reflect the truth and the sense of honor sometimes seems far signer …
 
The procedure for enforcing payment of existing pensions will be strengthened to receiving parents wishing to pursue debtors defaulting parents directly. The procedure for direct payment of the pension by the debtor’s employer will cover not only six months in arrears but 24 months. It is there also an interesting layout for this direct debit procedure is relatively quick to implement and very effective.
 
Recall that maintenance claims come before all other claims. Thus, the support will necessarily set before consumer credit.
 
Critics
 
Like all reforms (if you can call it real reform as it is to strengthen what is in place), this project creates a controversy. Some fathers feel almost insulted by this device would give a bad image of the deadbeat dad. If the non-payment of child support is not really imposing questionable statistical reality and concerns much more fathers than mothers, it also reflects a jurisprudential reality always tends (although this is improving) give a large majority of if the children’s habitual residence in the mother and condemning Mr. paying alimony …
 
 
This device is surprisingly included in a “bill for real equality between women and men.”
 
If there are glaring injustices vis-à-vis women, particularly in terms of job losses and salary increases that must be fought, careful not to create other victims of discrimination. The existence of a ministry of women’s rights in itself already reflects some emerging discrimination … Ladies, if we want to work and earn as much as these gentlemen, we must accept that they can choose to be sugar daddies without treated loafers and share more of our children when these gentlemen wish and are able (I’m not talking requests from some alternate residence in virtually the sole purpose to avoid paying child support or for the purpose of harming these Ladies …).
 
 
 
 
The greatest criticism of the device that is made is finally to say that this experiment will lead to further disempower debtors who will escape the convictions faults to be more effective for the creditor. Maybe going on the other hand pacify relations between recipient parent and the parent debtor … to be continued!
 
Noémie HOUCHET-TRAN
Attorney at the Paris Bar
http://nhtavocat.wix.com/divorce#!aboutus/c2414