LA PRESTATION COMPENSATOIRE
7 mai 2018

43 rue d'Aviau 33000 Bordeaux centre. Prés du Jardin Public.

Voici quelques notions qui vous permettrons de mieux connaitre le mécanisme qui entoure la notion de pension alimentaire.

– QUAND PARLE T’ON DE PENSION ALIMENTAIRE ?

La pension alimentaire est une somme d’argent, dans la majorité des cas, qui sera versée tous les mois par celui des deux parents qui n’a pas la garde des enfants.Elle reste due même pendant les vacances scolaires.
La pension alimentaire ne concerne pas uniquement les enfants. Elle peut aussi concerner un membre de la famille : époux, ascendant, au titre de l’obligation de solidarité qui doit exister au sein d’une même famille.
Mais dans la plupart des cas, la pension alimentaire s’adresse aux enfants dans les cas de divorce ou de séparation.

– QUI FIXE LA PENSION ALIMENTAIRE ?

C’est le Juge aux Affaires Familiales qui fixe le montant de la pension. C’est un juge du Tribunal de Grande Instance.
Toutefois, il existe une exception à ce principe, puisque dans les divorces amiables, les époux sont libres de s’organiser comme ils le souhaitent, sous respect bien évidemment du respect de l’enfant.

Le principe et le montant de la pension ne sont jamais définitifs: à tout moment le juge peut la modifier ou la supprimer , dés lors qu’il existe une modification dans le mode de garde adopté, ou dans la situation financière ou professionnelle respective de l’un ou des deux parents.

Exemple : l’un des deux se retrouve au chômage ou inversement l’un des deux parents a retrouvé un emploi..

Il faut donc qu’il existe un élément nouveau depuis la précédente décision, pour que votre demande de révision soit déclarée recevable.

– COMMENT LE JUGE FIXE T’IL LE MONTANT DE LA PENSION ?

Le code civil n’apporte pas vraiment de réponse.

De façon pragmatique, le Juge tiendra compte :

– des revenus des parents,
– Des charges des parents,
– Du nombre d’enfants,
– De l’étendu du droit de visite.

La pension doit être payée jusqu’à ce que l’enfant soit autonome, et gagne le SMIG.

– LA PENSION ALIMENTAIRE : INCIDENCE FISCALE.

Il y a une incidence fiscale.

L’époux créancier de la pension doit la déclarer au fisc et l’époux débiteur peut la déduire de ses impôts.

Maître Isabelle ROUSSEAU,
AVOCAT AU BARREAU DE BORDEAUX
43 rue d’Aviau,
33000 Bordeaux.

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