Question 35628 — family

Summary

Mr. Gérard Leseul questions the Minister of Solidarity and Health about the distribution of CAF benefits. In matters of divorce and the exercise of visitation and accommodation rights, the family court judge focuses on the interests of the child. It is, therefore, in the child's best interest to see both parents. The child's care or accommodation time is shared between the two parents, which can range from 25% for a DVH classic 50% for shared custody. Each of the two parents must therefore be able to welcome their child in suitable material conditions requiring a minimum of resources. But article L. 513-1 of the social security code only attributes “effective and permanent responsibility for the child” to one of the two parents. There is therefore a legal contradiction here between the text and the reality of the facts. This flaw leads to a unequal treatment between parents with regard to the distribution of CAF benefits. Consequently, the article is discriminatory and does not allow the Family Allowance Fund to share aid between separated or divorced parents, including exceptional aid to low-income families. Also, he would like to know if the Government is considering a reform so that all social benefits are distributed fairly to each parent, in proportion to the child's custody or accommodation time defined by the family affairs judge, taking into account the resources of each, like the withholding tax system.

Machine translation from French. The official text remains authoritative.

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