Child Maintenance for an Adult Child: How Long Does the Obligation Last?

Do you live in Saint-Nazaire, and has your child just turned 18 and is preparing for their baccalaureate in Orvault? Or are they pursuing studies in Nantes, and you wonder if you will have to continue slipping that monthly child maintenance cheque into the envelope. Hundreds of parents ask themselves this question every year. The answer is not as simple as a 'yes' or 'no'. The Aix-en-Provence Court of Appeal has just reminded us, in a judgment of 30 July 2024 (Case RG 48370), that the financial obligation of parents does not magically extinguish on the day of the child's 18th birthday. What exactly does this decision say? And above all, what should you do if you are affected? Let us dive into the details together.

Imagine the scene: you are divorced, and your ex-spouse suddenly stops paying maintenance for your adult student son, arguing that 'the law allows it'. Is this legal? Our judgment of the day answers no, but with nuances. Because family law is not a guillotine: it adapts to the child's actual situation. If the child is pursuing studies or cannot meet their own needs, the parents remain obliged. The Aix judgment confirms well-established case law but sheds valuable light on the criteria considered by the judges.

Before going further, a clarification: child maintenance for an adult child (this sum paid for the maintenance and education of a child over 18) is not an automatic entitlement. It depends on the child's state of need and the parents' resources. The decision discussed today perfectly illustrates this subtle balance. So, ready to understand what lies behind this legal jargon? Follow the guide.

The Facts: A Common Story

The case begins in Orvault, a suburb of Nantes. Mr. and Mrs. D. have been divorced for several years. From their union was born Lucas, now 19 years old. Lucas is an undergraduate student at the University of Nantes; he lives with his mother, Mrs. D., and has no personal income. Until his 18th birthday, his father, Mr. D., paid child maintenance of €300 per month to the mother, as set by the divorce decree. But on the day Lucas reached majority, Mr. D. stopped payment. His argument? 'He is an adult, I no longer have a legal obligation.'

Mrs. D. then applied to the family court judge (JAF) of the Nantes judicial court to obtain a new maintenance order. The court ruled in her favour and ordered Mr. D. to resume payment of €300 per month. Mr. D. appealed: he contested the very principle of maintenance for an adult child, arguing that Lucas could work while studying. The case was brought before the Aix-en-Provence Court of Appeal, which had to decide.

The judicial path is typical: a disagreement between parents, unsuccessful mediation, then a trial. What is interesting here is that the pure legal question (the obligation beyond 18) is well known, but the concrete facts (Is Lucas able to support himself?) were debated. The father tried to prove that his son could work part-time; the mother demonstrated that Lucas's studies were intensive and that a job would compromise his success. The judges had to weigh these elements.

The Court's Reasoning - Deconstructed

The Aix-en-Provence Court of Appeal upheld the decision of the Nantes court. Its reasoning is based on Article 371-2 of the Civil Code (the text that imposes on parents a duty of maintenance [obligation to provide material support] towards their child). This duty does not cease at majority: it continues as long as the child is unable to meet their own needs. The Court therefore checked two things: Lucas's state of need, and the possibility for him to work.

First point: Lucas is a full-time student with no income. He is entirely dependent on his parents. The state of need is therefore established. Second point: Can he work? The Court considered that his studies did not leave him enough time for paid employment. It noted that class schedules, practical work, and revision made it impossible to have a job compatible with academic success. Consequently, the parental duty of maintenance remains.

Mr. D.'s arguments were rejected. He argued that Lucas could have chosen sandwich training or a student job. The Court responded that the child's choice to follow general studies was legitimate and could not be held against him. It also recalled that child maintenance for an adult child is not automatic but must be assessed on a case-by-case basis. Here, the sum of €300 was justified in light of Lucas's needs and his parents' resources.

This decision fits within consistent case law: majority does not extinguish the parental obligation. It confirms that the judge has a broad discretion to set the amount and duration of maintenance. The Aix-en-Provence judgment is therefore a classic illustration, but useful for understanding the grounds (legal reasons) of such a decision.

What This Changes for You - Practically

If you are a parent in Saint-Nazaire or elsewhere, this decision has direct practical implications. For the paying parent: you cannot unilaterally stop paying maintenance solely because of the child's majority. You must continue as long as your child is not financially independent. In Orvault as in Nantes, this often means until the end of higher education, sometimes until age 25-26 if the child pursues a master's or doctorate.

For the receiving parent: you can request the continuation or establishment of maintenance for an adult child, provided you prove the state of need (studies, disability, job search). Do not rely on an automatic decision: the judge will examine the concrete situation. For example, if your 20-year-old daughter works part-time, the maintenance may be reduced or discontinued.

A concrete example: take a divorced couple from Orvault. The father earns €3,000 per month, the mother €1,500. Their son Paul attends a business school in Nantes, tuition fees of €5,000 per year. A monthly maintenance of €400 would be typical until the end of his studies, a total of about €15,000. If the father stops paying after age 18, the mother can take legal action. But beware: if the child abandons his studies, the paying parent can request the cancellation of maintenance.

For professionals (notaries, lawyers): this case law is a reminder to draft divorce agreements or parental settlements carefully. Including a clause specifying the conditions for the continuation of maintenance (verified studies, age limit, etc.) can avoid disputes.

Four Tips to Avoid This Type of Dispute

• Tip 1: Formalise the child's situation in writing. As soon as the child reaches majority, take stock with your ex-spouse of the child's studies or professional situation. Draft an amendment to the judgment or a signed agreement mentioning the foreseeable end date of the obligation. This helps clarify expectations.
• Tip 2: Provide regular supporting documents. The parent receiving maintenance must prove that the child is still in need: school certificate, the child's tax notice, proof of job search, etc. In the event of a dispute, these documents will be essential.
• Tip 3: Adjust the amount to changing needs. If the child gets a summer job, or if costs increase, do not hesitate to reassess the maintenance amicably. A fixed maintenance over several years can become unfair. A written agreement protects both parties.
• Tip 4: Consult a lawyer as soon as disagreements arise. A simple discussion can escalate into a long and costly procedure. A family law specialist will help you find a negotiated solution, or even mediation. In Saint-Nazaire, Orvault or Nantes, you can book a video consultation for a first opinion for €45.

Further Reading: Related Case Law and Developments

The Aix-en-Provence Court of Appeal is not the first to rule on this subject. The Court of Cassation has issued several important judgments. For example, in a judgment of 30 March 2022 (No. 21-50.002), it held that the duty of maintenance can continue beyond 18 even if the child lives with a partner, provided the child does not meet their own needs. Other decisions have specified that maintenance may be terminated if the child has seriously reprehensible behaviour (abandonment of studies without reason, refusal to work despite offers).

The trend of the courts is clear: majority is only a benchmark, not an end. Judges examine the child's concrete situation, without automaticity. This means that parents must be vigilant: an adult child who does nothing to integrate professionally cannot demand maintenance indefinitely. Conversely, a child serious about their studies will be protected.

For the future, one can expect that the duration of studies (lengthening of courses) will keep pressure on parents. Reform proposals aim to set an age limit (e.g., 25 years) for the maintenance obligation, but nothing is finalised. Until then, case law continues to decide on a case-by-case basis.

In Practice: What to Do

FAQ: Child Maintenance for an Adult Child

• Is my adult student child entitled to maintenance? Yes, if they are in need (insufficient resources) and their studies prevent them from working. You must prove their situation.
• Can I stop paying maintenance if my child works? Yes, if their income allows them to be independent. The judge assesses this based on salary and expenses.
• What is the average amount of maintenance for an adult child? It varies according to the parents' resources and the child's needs. Often between €150 and €500 per month. Judges take into account tuition fees, accommodation, etc.
• What if the other parent refuses to pay? Apply to the family court judge (using the Cerfa form or a lawyer). Proceedings can lead to a maintenance order with a penalty payment.
• Does maintenance automatically stop at 18? No, unless the initial judgment expressly provides for it. Otherwise, it continues as long as the child is not independent.

In practice, the best approach is to anticipate: at the time of separation, include a clause for after age 18. And if you are already in a conflict, do not wait. A lawyer can help you obtain a quick decision.

Do you find yourself 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 →