Child support obligations and nursing homes: what the law requires of children

The obligation to provide support is a legal obligation owed to a parent or stepparent who is unable to meet their basic needs, including housing, food, and healthcare. There is no set scale: if the family cannot agree, the family court judge determines the amount, based on the needs of the person requesting support and the resources of the person obligated to provide it. In addition to this obligation, a nursing home (EHPAD) may require those legally obligated to provide support to sign a joint and several guarantee: the official information sheet on nursing homes addresses this topic in a separate section.

This page presents information from the service-public.gouv.fr fact sheets on the obligation to provide support and on security deposits in nursing homes (EHPADs). It does not address the recovery of social assistance for accommodation (ASH) from the estate, its ceilings, or the role of those legally obligated to provide support in its calculation: for these points, please consult the official source (department, service-public.gouv.fr). It does not provide the average cost of a nursing home or the average pension amount.

Who owes what to whom?

The support takes the form of alimony or in-kind assistance: housing, food, maintenance. In the case of adoption, the rules depend on the type of adoption (simple or full): these will apply to your situation.

In what order are the requests made?

When several people may owe support, the information sheet on service-public.gouv.fr indicates that the person requesting assistance must first approach their spouse, if married, and then their children. The sheet also states that there is no hierarchy between a descendant and a son-in-law or daughter-in-law.

How much: no set scale, a judge

The amount is not calculated using a fixed scale. The official document states it succinctly: "There is no set scale." It is determined by the judge based on the needs of the applicant and the resources of the recipient.

According to the information sheet, the income of the spouse, civil partner, or cohabiting partner of the person obligated to provide support is not added to their income, as their obligation is personal. The sheet clarifies two points. First, this income may be taken into account "insofar as it reduces the expenses of the person obligated to provide support." Second, when the spouse is also considered as a son-in-law or daughter-in-law, their income is only taken into account if support is also claimed from them. These points should be examined in your specific case.

The procedure: amicable agreement, then a judge

1. An amicable agreement, with or without a family mediator. The family court judge can approve it to give it enforceability.
2. If no agreement is reached, the matter will be referred to a judge. It is done by summons, or with form R42402 "Application for maintenance obligation - Referral to the family court judge", sent by registered letter with acknowledgment of receipt or filed with the judicial court.
3. A lawyer is not mandatory In this initial trial, legal aid is available if the person does not have sufficient income. Legal representation is mandatory if the decision is appealed.

Exemptions

The list below includes the cases presented in the service-public.gouv.fr fact sheet. For details and conditions for each case, the fact sheet remains the reference.

Two points of clarification from the information sheet. The exemption is requested when the person obligated to provide support is contacted, often in connection with placement in a nursing home or assisted living facility, or when applying for social assistance: "You cannot request an exemption in advance." The information sheet also cites, among its references, Article L132-6 of the French Social Action and Families Code ("exemption from the obligation to provide support in certain situations"). This text was not consulted for this page.

Revision, termination, outstanding payments

• Revision or deletion. They can be requested if the situation changes: income, expenses, financial or family situation.
• End of obligation. It ends upon the death of the person receiving the aid or the person providing it, or by a judge's decision.
• Pension not paid. Failure to pay child support for more than two months constitutes the offense of family abandonment. A bailiff can implement direct payment, a bank account seizure, or a seizure and sale of assets. Wage garnishment can also be requested.

What the nursing home may also ask for: the deposit

The information sheet on nursing homes addresses this topic in a separate section on the obligation to provide support. According to the service-public.gouv.fr information sheet on nursing homes, the facility may ask those legally obligated to provide support to the elderly person (children, grandchildren, sons-in-law or daughters-in-law) to sign a joint guarantee: by this act, they commit to paying the accommodation costs when the person is no longer able to do so.

Three key points taken from the document:

• If the person receives the ASH, The joint and several guarantee can only cover the portion of the cost that remains the responsibility of the individual. The ASH (Social Housing Allowance) is paid only in certain nursing homes.
• The "security deposit"« (term from the information sheet) must not exceed the monthly accommodation fee, which remains the responsibility of the person being accommodated. It is refunded within 30 days of departure, less any outstanding balance.
• The aid can be combined The APA (for dependency levels 1 to 4), housing assistance, and the ASH (social assistance for dependent persons) are available. The APA partially covers the dependency care fee, while housing assistance covers part of the accommodation fee. Details can be found on our page dedicated to rates and assistance.

This page does not provide rules on the scope of each signatory's commitment, its duration, or the consequences of refusing to sign: these points are to be read in the document itself, before signing.

Numerical example (fictitious profile)

Assumptions of the fictitious profile. Odette, 86, is moving into a nursing home. She does not receive the ASH (social housing allowance). Her out-of-pocket monthly accommodation costs, after subsidies, amount to €2,100. The nursing home is requesting a €3,000 security deposit for her stay and a joint guarantee from her two children, Marc and Claire.

Issue. Two things need to be distinguished: the maintenance obligation, set by a judge without a fixed scale, and the security deposit, requested by the institution. What is the approximate amount of the security deposit, and does the requested deposit comply with the rules outlined in the form?

Strategy. Apply two guidelines from the information sheet. The "security deposit" must not exceed the monthly accommodation fee that remains the responsibility of the person being accommodated. The deposit covers the accommodation costs that the person can no longer afford. Odette does not receive the ASH (Social Housing Allowance): the deposit limit based on the remaining balance, which applies in cases of ASH, does not apply in this example. No pension is calculated: there is no set scale.

Result. The deposit limit is €2,100: the requested €3,000 exceeds this limit by €900. For the security deposit, the calculation is simple: twelve months of unpaid rent would represent 12 × €2,100 = €25,200. This figure is merely a projection. The actual amount of the commitment, its duration, and each party's share depend on the signed agreement.

This profile is fictitious. The €2,100 and €3,000 figures are hypothetical.

What changes depending on your situation

• Your relationship with the parent: child, grandchild, son-in-law or daughter-in-law. For sons-in-law and daughters-in-law, the obligation ceases upon the death of the spouse who created the affinity and of the children born of the union.
• Your family history: Withdrawal of parental authority, removal of the child from his or her family environment, serious failure of the parent, conviction of the parent: the sheet makes these cases of exemption.
• Your resources and expenses: They are taken into account by the judge. Your spouse's income is not added to yours, but it may be considered if it reduces your expenses.
• The chosen nursing home: According to the information sheet, the ASH is only paid in certain nursing homes, and if the person receives it, the deposit can only cover the part of the cost remaining to be paid by them.
• The document you are being asked to sign: Its reading precedes any signature.

No results are promised. The rules are examined on a case-by-case basis.