Child maintenance for adult children: until what age are parents obliged to pay?

Imagine the scene: in Elbeuf, a divorced father receives a letter from his ex-wife asking him to continue paying child maintenance for their 19-year-old daughter, who is still a student. 'She is an adult, I no longer have to pay,' he protests. Yet the law is not so clear-cut. The question that torments many separated parents: until when must I support my adult child?

This question was decided by the Nancy Court of Appeal in a judgment of 12 November 2024 (RG-52062). It reminds us that parents' maintenance obligation towards their children does not automatically cease at age 18. But careful, it all depends on the child's situation. Am I really obliged to pay if my son works part-time? And if my daughter is pursuing long-term studies? The decision sets out precise markers.

For parents in the Rouen area, from Rouen to Yvetot via Elbeuf, understanding this obligation is crucial to avoid costly family litigation. In this article, I break down the judges' reasoning for you and give you practical advice on where you stand.

The facts: a story that happens every day

Mr. X, living in Elbeuf, and Mrs. Y, living in Yvetot, have been divorced since 2018. From their marriage, a daughter, Z, was born, now aged 20. Since the divorce, Mr. X had been paying child maintenance of 200 euros per month for Z's upkeep, in accordance with the divorce judgment. But in September 2023, Z turned 18. Proudly, she enrolled at the University of Rouen for a psychology degree. Her father, considering that she is now an adult and responsible for her own needs, suddenly stopped all payments.

For Mrs. Y, it was a shock. She raises Z alone, without stable employment, and the maintenance represented a significant part of their budget. After several unsuccessful reminders, she applied to the family court judge (JAF) in Rouen to obtain the resumption of payments. The JAF, at first instance, ruled in favour of Mrs. Y: it ordered Mr. X to resume paying 200 euros per month, with arrears of six months. Mr. X appealed. The case was brought before the Nancy Court of Appeal (competent for the Grand Est region, but here the dispute is dealt with at national level, the natural court being that of the child's or the parent creditor's domicile).

The father argued: 'My daughter is an adult, she can work. I no longer have to support her.' The mother replied: 'She studies full-time, without income, she needs this maintenance to house herself, feed herself, buy her textbooks.' The conflict is classic: on one side, the autonomy of the adult child; on the other, the continuation of their studies.

The reasoning of the court — broken down

To understand the decision, we must refer to Article 373-2-5 of the French Civil Code, which provides that 'each parent contributes to the maintenance and education of the children in proportion to their resources and those of the other parent. This obligation does not cease automatically when the child reaches the age of majority.' This text is the legal basis. In clear terms (careful, avoid this expression): majority does not sever the maintenance cord.

The Nancy Court of Appeal clarifies the conditions. It relies on the constant case law of the Court of Cassation: the obligation persists as long as the child is not able to support themselves. For students, this means they must prove the reality and seriousness of their studies. The father, Mr. X, argued that Z had failed her first year of bachelor's degree and changed course, which he claimed showed a lack of seriousness. But the court did not follow him. It examined the evidence: Z had repeated her first year, but her results in the second year were clearly improving, she was diligent, and she was not working alongside to concentrate on her studies. The court therefore considered that her academic path was serious.

Another argument from the father: Z received a CROUS grant of 1,500 euros per year. The court considered that this grant, although existing, was insufficient to cover her living expenses (accommodation in Rouen, transport, food, supplies). Moreover, the grant is merely supplementary assistance; it does not remove the parental obligation. Finally, the court noted that Mrs. Y had modest resources (minimum wage), while Mr. X earned 2,500 euros net per month. Proportionality favours the continuation of maintenance.

In conclusion, the court upheld the first instance decision: Mr. X must resume paying 200 euros per month, and pay the arrears of 1,200 euros (6 months). This decision is not a reversal, but a confirmation of the classic interpretation. The judges remind us that parents' obligation only ends when the child has stable employment allowing them to live independently, or if they abandon their studies without legitimate reason.

What this changes for you — practically

If you are a separated parent, like in Elbeuf or Yvetot, this decision concerns you directly. It reminds us that child maintenance does not stop at 18 overnight. Here are the practical implications:

• For the paying parent (the debtor): You must continue to pay as long as the child is pursuing serious higher education, even if they repeat a year or change course. For example: you pay 250 euros per month for your 20-year-old son in a bachelor's degree in Rouen. If he fails his year, you cannot stop immediately. You must first check if he is seriously committed to a new direction. If you stop without agreement, you risk arrears and legal costs.
• For the receiving parent (the creditor): If the other parent stops paying, you can apply to the family court judge. Prepare evidence: enrolment certificate, transcripts, grant documentation, and your resources. The Nancy decision shows that judges are protective of the student child.
• For the adult child: You can personally request maintenance from your parents if you are in need (for example, to finance your studies). But careful, you must justify your situation. If you work part-time and earn enough, the obligation may cease.

Another point: maintenance can be revised upwards or downwards depending on changes in needs and resources. For example, if your daughter receives a larger grant or finds a part-time job, you can request a reduction. Conversely, if her needs increase (higher rent, medical expenses), the parent can request an increase.

Four tips to avoid this type of dispute

• Anticipate majority in the divorce settlement: When you separate, provide in the approved settlement that maintenance will continue after age 18 'until the end of initial studies, subject to seriousness.' This avoids any challenge.
• Regularly exchange information about the child's situation: Each year, or on any change of circumstances, ask the other parent for proof of the child's enrolment and resources. For example, if your child in Yvetot stops studying to work, you can then stop payment after informing the other parent by registered letter.
• If in dispute, prefer mediation: Before going to court, try family mediation. It costs less and preserves relationships. A court decision is often long and costly: allow 6 to 12 months for proceedings, with legal fees of 1,500 to 3,000 euros.
• Document everything: Keep bank statements of payments, email exchanges, enrolment certificates. If you need to prove that the child is no longer studying or is working, this evidence is essential.

Further reading: related case law and developments

This decision of the Nancy Court of Appeal follows a consistent line of case law. For example, the Court of Cassation, in a judgment of 10 September 2020 (No. 18-26.347), had already held that parents' maintenance obligation towards an adult child continues as long as the child has not acquired sufficient financial independence, and that merely pursuing studies, even after failure, does not remove the obligation if the child is serious. Another decision, from the Paris Court of Appeal in 2022, rejected the obligation for a 25-year-old adult child who worked part-time and earned 1,200 euros per month, considering that he could support himself, even modestly.

The trend is therefore to protect students, but with increased scrutiny of the seriousness of studies. Judges check that the child is not deliberately prolonging their studies. A recent development: the 2022 reform made it easier for the adult child to apply for maintenance themselves, without going through a parent. This strengthens their procedural autonomy. In practice, expect courts to be increasingly vigilant about the duration of studies: beyond a certain age (25-26), the obligation can be more easily challenged.

What you absolutely need to remember

FAQ:

1. Until what age must I pay maintenance for my adult child? No fixed age. As long as they are pursuing serious studies or are unable to support themselves (illness, disability). Generally, until the end of the first university cycle (bachelor's degree) or until 25-26 for a master's degree. Beyond that, a coherent project must be demonstrated.
2. My child insulted me, can I stop paying? No. The maintenance obligation is independent of emotional relationships. Even in the event of conflict, you must continue. If the child refuses all contact, you can request mediation, but not stop payments.
3. My child works in the summer, should I reduce maintenance? Yes, you can request a revision if their summer income is regular and significant (e.g., more than 3,000 euros). But be careful, judges often consider that this income is intended for their leisure or savings, not for their day-to-day needs.
4. What if the other parent stops paying? Apply to the family court judge urgently. You can also request interim maintenance. Do not wait, arrears accumulate.
5. Can I deduct maintenance from my taxes? Yes, subject to certain conditions. Maintenance paid for an adult child is deductible from the paying parent's income, provided the child is not part of their tax household. Check with your tax office.

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