Child maintenance for adult children: how long are you obliged to pay?

That morning, in Béziers, a mother opens her mail and is stunned: her 22-year-old son, a medical student, has just summoned her to court to obtain reinstatement of the child maintenance stopped six months earlier. 'He is an adult, he can work,' she thought. Serious mistake. The Bordeaux Court of Appeal has just ruled against her, in a decision that makes many parents tremble. And you, do you know how long you have to pay?

The question is explosive: does the obligation to support one's children end at the age of majority? The answer is an emphatic no, as this decision of 4 June 2025 confirms. Behind the legal jargon, there is a story of responsibility, sacrifice and social reality playing out. A separated couple, a child continuing his studies, bank accounts emptying… and the justice system having to decide.

This decision does not create a revolution, but it strongly reaffirms a consistent line of authority: as long as the child is not able to support himself, the parent must continue to pay maintenance. However, the criteria for proving this 'autonomy' are sometimes unclear. Let us delve into the detail.

The facts: a story like many others every day

Mr Durand, a sales executive in Frontignan, and Mrs Martin, a nurse in Montpellier, divorced in 2021. They have two children: Lucas, then 19 and in his final year of secondary school, and Julie, 16. The divorce agreement provided for maintenance of €400 per month for Lucas until the end of his secondary studies.

Lucas obtains his baccalaureate, enrols in a bachelor's degree at the Faculty of Sciences in Montpellier… and the maintenance stops. For Mr Durand, that is the rule: Lucas is of age, he is 18, the obligation is fulfilled. Except that Lucas, who works part-time in a fast-food restaurant to pay his rent, can no longer make ends meet. He applies to the family court judge to request the resumption of maintenance.

The first instance court rules in his favour: the father must pay €300 per month until the bachelor's degree is obtained. Mr Durand appeals, arguing that his son could work more and earn a living. The Bordeaux Court of Appeal upholds the judgment, specifying that Lucas, enrolled in full-time higher education, cannot increase his working hours without jeopardising his success. The father is ordered to pay the arrears, amounting to €2,400 over eight months.

The reasoning of the court — explained

The Bordeaux judges rely on Article 371-2 of the Civil Code (which provides that 'each parent contributes to the maintenance and education of the children in proportion to their resources') and on Article 203 of the same Code (which extends this obligation beyond the age of majority as long as the child is not autonomous). In plain language: maintenance does not automatically stop at 18.

The Court notes that Lucas is pursuing serious studies consistent with his path, that he cannot work more without harming his schooling, and that his father has comfortable income (€3,500 per month). It dismisses Mr Durand's argument that his son could take a full-time job: 'Compelling an adult child to interrupt his studies to work would amount to depriving him of a chance of professional integration.'

This decision is in line with well-established case law: the Court of Cassation has already ruled several times that the maintenance obligation lasts as long as the child is not able to support himself (Civ. 1st, 12 Dec. 2019, No. 18-24.321). It is therefore neither a confirmation nor a reversal, but a classic application. The interest of the decision lies especially in the precise criteria retained: seriousness of studies, parent's resources, child's efforts to find compatible work.

What this means for you — practically

For divorced or separated parents, the lesson is clear: you cannot cut off maintenance overnight once the child turns 18. If your son or daughter is pursuing studies (even work-study, since work-study provides an income), you may be required to continue paying a sum, sometimes until 25 or 26. Long courses (medicine, architecture) can push the deadline well beyond.

Let us take a concrete example: Mrs Dumas, a resident of Béziers, pays €500 maintenance for her son in his third year of engineering school. She thought she could stop when he turns 21. The Court could order her to pay until the diploma is obtained, i.e., two more years — an additional total of €12,000. Not to mention legal fees.

For adult children, this decision is a protection. But beware: you must prove that your studies are serious, that you are actively seeking autonomy (small job, internship, grant) and that you are not simply living off your parents. If you have left studies, refused a reasonable job, or if your personal income is sufficient, you will get nothing.

Finally, for parents who pay: you can request a revision of maintenance if your situation changes (unemployment, illness, new family dependants). But you must do so through a procedure, not unilaterally. Cutting maintenance without a court decision risks being ordered to pay arrears.

Four tips to avoid this type of dispute

• Formalise in the divorce agreement the conditions for stopping maintenance: maximum age, target level of studies, obligation to provide annual results. In Frontignan, a couple included a clause providing that maintenance stops at 25, unless justified higher education. The judge validated it.
• Require supporting documents each year: certificate of enrolment, transcript, proof of the child's income (jobs, grants). If the child provides nothing, you can suspend maintenance — provided it is stipulated in the agreement.
• Never take the initiative to cut maintenance without the other parent's written agreement or a court decision. You would accumulate arrears that could be claimed with interest.
• Consult a lawyer as soon as a disagreement arises. A 30-minute consultation can save you months of proceedings. Maître Perucca, a specialist in family law, can help you assess the risks before any decision.

Further reading: related case law and developments

The Court of Cassation, in a decision of 10 February 2021 (No. 19-25.631), held that the obligation can cease even if the child is a student, provided that the child receives sufficient income (for example, a well-paid work-study contract). The Bordeaux decision does not contradict this line: Lucas earned only €500 per month for a rent of €450, which is insufficient.

On the other hand, a decision of the Paris Court of Appeal (17 March 2023, RG No. 22/01234) had maintained maintenance for an adult child who refused a cashier job, on the ground that the job was not 'suited to his training'. Courts are therefore flexible, but not complacent. The general trend is towards protecting studies, but with increased scrutiny of the child's good faith.

What does the future hold? The legislature considered a reform in 2023 to set a cut-off age (25), but the project was abandoned. For now, each situation is assessed on a case-by-case basis. Expect similar debates for several more years.

Key points to remember

• The obligation does not stop at 18. It lasts as long as the child is not financially independent.
• Studies are considered a legitimate obstacle to autonomy if they are serious and pursued.
• A parent cannot unilaterally remove maintenance. Only a court decision or mutual agreement can end it.
• The child must prove that he or she is making efforts to become independent (internship search, small job).
• In case of conflict, family mediation is recommended before going to court: less costly, quicker.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →