The reform of the alimony unconstitutional

The reform of the justice system was entrusted to the Coffers of family allowance the power to modify alimony. The constitutional Council said no.

article 7 of the draft law on Justice provided, on an experimental basis and for a period of three years, to give the funds for family allowances (CAF) the power to amend the amount of contributions to the maintenance and education of children, commonly referred to as alimony. In its decision n°2019-778 of march 21, 2019, the longest ever rendered by this institution, established in 1958, the constitutional Council has judged to be non-compliant with the fundamental text.

Treatments for short

This new procedure was to provide shorter treatment times when a parent asked for the revision of maintenance - due to the evolution of its revenue or a change in the guard mode. It was from this sentence of the Wise : "The legislature has authorized a private person in charge of a public service to change of judicial decisions without any power of sufficient guarantees in respect of the requirements of impartiality arising from article 16 of the Declaration of 1789".

They are therefore a limit to the diversion. Private persons in charge of a mission of public service do not have jurisdiction to modify a decision of the judicial authority. In addition, the FCA paying an allowance of family support in case of unpaid alimony, they could have, with this reform, to be interested in the determination of the amount of pensions. In other words, would found a party and a judge.

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The experiment will not take place. Parents must continue to file their request for review with the judge for family affairs. The current time-frame for obtaining a decision before the judge is at least six months.