Happy families…

Gisela in Nice is divorced and has custody of the two children of the marriage, boys aged 8 and 5. Under the terms of the settlement she receives a pension alimentaire—and the children spend certain periods with their father in the Var, including 4 weeks during the summer holidays. This year her former spouse announced that he wouldn’t pay the pension for those weeks since he was meeting the entire maintenance costs of his sons. Is he in the right? 

Nope! A pension alimentaire has to be paid across the year unless a judge has ruled otherwise. Gisela says that if her ex looks like trying this trick again she’ll simply refuse to send the boys to him. Careful! If she does that she’s disregarding the terms of the settlement and would be legally in the wrong… and risking a heavy fine and even jail time. Her solution would be to go back to the judge and explain her ex’s attitude; then he’ll be in trouble.

From Reporter 94 - Dec 2002

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