Child support in Luxembourg / assessment of the financial situations of the parties
Legal Basis
In accordance with Articles 372-2 and 376-2 of the Civil Code, each parent contributes to the maintenance and education of children in proportion to their resources, those of the other parent, as well as the needs of the children.
Introduction
In case of separation, the parent to whom the custody of the child is granted is entitled to child support and may, in case of disagreement, request the judge to determine the amount of said support.
How does the judge determine the amount of child support?
Two criteria are taken into account by the judge to set the amount of child support:
1. The needs of the child; and
2. The contributive capacity of the parents.
On the Needs of the Child
In Luxembourg, the assessment of the needs of the child must be made, in particular, in consideration of their age and the standard of living to which they are accustomed. Thus, the child support allocated to the child must enable them to receive an education that aligns with their standard of living and family environment.
On the Contributive Capacity of the Parents
Contributive capacity concerns the financial situation, in other words, the available income of the parents.
How is the available income of the parents determined?
First, in their analysis of the financial situation of the parties, the judge only takes into account the income of the parties at the time of the ruling.
The income considered by the judge includes salaries, capital, bonuses, etc.
Income may also include cost-of-living allowances and the guaranteed minimum income (REVIS) paid by the National Solidarity Fund (FNS).
However, family allowances received by the parent who has custody of the children are not taken into account.
Once the income is determined, the judge proceeds to identify the non-negotiable expenses to which each parent is exposed.
Here, it is very important to note that daily living expenses do not constitute non-negotiable expenses.
Thus, the following do not constitute non-negotiable expenses:
– Electricity, heating costs;
– Telephone, vehicle-related costs;
– Municipal taxes and monthly condominium fees;
– Car insurance costs;
– Health insurance supplements;
– Any type of savings contract.
On the other hand, the following are considered non-negotiable expenses:
– Mortgage repayments;
– Rent payments;
– Loan repayments (car loan, consumer loan, etc.).
Example:
Madame Pomme and Monsieur Poire have two children together. The couple separated two years ago.
Madame Pomme, who has custody of the children, filed a request before the family affairs judge to obtain child support of €500 per child.
The judge, to determine whether Monsieur Poire has the financial capacity to pay this amount, will examine his financial situation.
Monsieur Poire earns a net salary of €6,000 per month.
His expenses are as follows:
– Heating and electricity: €100/month;
– Car insurance: €200/month;
– Health insurance supplement: €80/month;
– Telephone and internet: €80/month;
– Mortgage: €2,000/month;
– Car loan: €500/month.
To determine Monsieur Poire’s non-negotiable expenses, the judge will only take into account his mortgage and car loan, totaling €2,500.
The judge’s calculation is as follows:
– €6,000 ( – ) €2,500 = €3,500
His available income is therefore €3,500.
If we deduct the €1,000 requested as child support, Monsieur Poire will still have €2,500 left to live on.
It can therefore be assumed that Monsieur Poire has the means/financial capacity to pay the amount requested by Madame Pomme.
It is now up to the judge to decide whether the requested amount is justified.
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