Under Article 205 of the Civil Code, the maintenance obligation requires ascendants and descendants to provide material support to family members unable to meet their basic needs. This principle of family solidarity—rooted in blood ties or marriage—can involve financial aid or in-kind assistance. When does it apply? What happens if it's ignored?
The law mandates support for family members in genuine need, meaning those whose resources fall short of a decent standard of living.
In practice, children, grandchildren, and great-grandchildren must assist parents, grandparents, and great-grandparents in need. These individuals are known as maintenance debtors. Conversely, those receiving aid are maintenance creditors.
This obligation is reciprocal between parents and children, grandparents and grandchildren, and even sons- or daughters-in-law and in-laws—though the latter ends if the spouse or their children pass away.
Note: Spouses or PACS partners owe a "duty of assistance," which takes priority over maintenance obligations that apply to the couple's children. A child may be exempt if the needy parent severely neglected their duties or lost parental authority.
Importantly, no legal maintenance obligation exists between siblings, aunts, uncles, nephews, stepchildren and a parent's new spouse, or ascendants/descendants of a cohabitant or PACS partner.
The needy family member must request support and prove their resources are insufficient for basic needs.
For instance, an elderly person in an EHPAD whose pension doesn't cover costs may trigger this obligation, requiring descendants to contribute to residency fees.
Ideally, the amount is agreed upon amicably between the creditor and debtors based on their circumstances. If disputes arise or debtors refuse, a family court judge determines contributions, factoring in each party's financial situation. Debtors must have adequate resources to comply.
Failure to fulfill a court-ordered obligation constitutes family abandonment, punishable by up to 2 years in prison and a €15,000 fine.
The obligation ends upon the death of either the debtor or creditor.
Aid typically covers essentials for daily living and can be in-kind or financial.
Examples include providing food, clothing, housing, healthcare costs, rent, or even funeral expenses after death.
