How long will child support payments last?

How long will child support payments last?

"Are men obliged to continue paying alimony to our ex-wife if she is cohabiting with another man and has no dependent children? Do I have any chance of getting this payment cancelled?"

Jean-Claude, Carouge

According to article 130 of the Civil Code (CC), the obligation to provide maintenance generally ceases in the event of remarriage. However, this provision does not apply to cohabitation, as the courts consider that the existence of a new, stable relationship that would provide the divorced spouse with benefits similar to those arising from a new marriage should not be accepted too readily. That said, article 129 CC allows the maintenance contribution to be modified if the creditor's situation changes in a lasting and significant way.

This change in circumstances is accepted by the courts in cases of qualified cohabitation, but not in cases where two people are simply living together. Such cohabitation therefore only exists where there is "community of roof, table and bed", according to the fine terminology used. It is assessed on the basis of all the circumstances and, in the view of the Federal Court, only exists if the cohabitants have a desire for mutual support comparable to that which exists in a marital union. Account must be taken of the assistance that the partners provide to each other as a whole. In this context, it is irrelevant whether they have sufficient economic means. It is clear that it is difficult to provide proof of such a relationship, as it affects the private lives of the cohabiting partners. This is why our Supreme Court has ruled that qualified cohabitation is presumed when it has lasted for more than 5 years.

In this case, if you wish to have the amount of your maintenance contribution adapted to your ex-wife's new situation, you can request a change in the amount of the allowance by bringing an action to modify the divorce decree, which must be brought either before the judge of your place of residence or before the judge of the place where the other party lives. It should be noted that the judge will be able to order a reduction or cancellation of your obligation, but also a simple suspension of this maintenance contribution.