Family law
Maintenance in Luxembourg: calculation, review and recovery
Quick answer
Maintenance is a sum paid to cover the needs of a relative. In Luxembourg, it mainly takes the form of the contribution to the child's upkeep and the duty of mutual support between spouses. It is set in proportion to resources and needs, under the supervision of the family court judge, and may be reviewed or recovered in the event of non-payment.
In Luxembourg, maintenance refers to several distinct obligations: the contribution to the upkeep and education of the child, the maintenance obligation between parents and children, and the duty of mutual support between spouses. Its amount is determined in proportion to the resources of the person who owes it and the needs of the person who receives it. The family court judge sets, adjusts and reviews the maintenance. In the event of a change of circumstances, a review is possible. Where maintenance is unpaid, several recovery routes exist. A family lawyer provides support at every step.
In short
- Maintenance covers several obligations: the child's upkeep, the maintenance obligation, the duty of mutual support between spouses.
- The amount is set in proportion to the resources of the person who owes it and the needs of the person who receives it.
- The family court judge has jurisdiction to set, adjust and review the maintenance.
- The contribution to the child's upkeep does not end automatically at the age of majority if the child is pursuing studies.
- Maintenance may be reviewed in the event of a significant change in the situation of one of the parties.
- In the event of non-payment, several recovery routes exist, including through the National Solidarity Fund (FNS).
- It is useful to document your resources, expenses and needs to support an application.
| Type of obligation | Who pays | Basis |
|---|---|---|
| Contribution to the child's upkeep | The parent | Duty of upkeep and education |
| Maintenance obligation | Parents or children | Statutory family solidarity |
| Duty of mutual support between spouses | The better-off spouse | Obligations of marriage |
| Post-divorce maintenance | Depending on the decision | Effects of the divorce once pronounced |
Maintenance in Luxembourg: what it covers
Quick answer. Maintenance is a sum of money paid regularly to cover the essential needs of a relative who cannot provide for them alone. In Luxembourg, this term in fact covers several distinct obligations laid down by the Civil Code: the contribution to the upkeep and education of the child, the maintenance obligation between parents and children, and the duty of mutual support (devoir de secours) between spouses.
The principle common to these obligations is simple: the person who has the means contributes, to the extent of their resources, to the needs of the person who depends on them. It is not a penalty, but the expression of a family solidarity that the law organises and the judge enforces.
The most frequent form is the contribution owed by a parent for the upkeep of their child, in particular after a separation or a divorce. But maintenance may also be owed between spouses, or between parents and adult children in certain situations. A family lawyer helps to identify the applicable obligation and to put an estimated figure on it.
The contribution to the upkeep and education of the child
The contribution to the upkeep and education of the child is the most common obligation. Each parent must contribute to the costs relating to the child in proportion to their resources, whether the parents live together or apart. After a separation, this contribution most often takes the form of a monthly maintenance payment made by one parent to the other.
This contribution covers the child's everyday needs: housing, food, clothing, school costs, health, activities. Child custody and the financial contribution are two related but distinct questions: the parent who does not provide the main residence generally contributes by paying maintenance.
An important point: the contribution does not end automatically when the child reaches the age of majority. As long as the adult child is pursuing studies or is unable to provide for their own needs, the obligation may continue. Depending on the case, the maintenance may then be paid directly to the adult child.
The duty of mutual support between spouses
During the marriage, the spouses owe each other support and assistance. The duty of mutual support is an obligation of a material nature: the spouse with greater resources helps the one who has fewer. This duty may take the form of the payment of a sum, in particular when the spouses live apart but are not yet divorced.
This duty of mutual support must be distinguished from post-divorce maintenance, which follows a different logic and applies once the divorce has been pronounced (articles 246 and 247 of the Civil Code). The applicable regime depends on the type of divorce and on the specific situation of the spouses.
The distinction between these different sums is technical and has significant financial consequences. It should be prepared in advance, in particular in the context of a divorce by mutual consent, where the spouses themselves organise the effects of the separation, under the supervision of the judge.
How maintenance is calculated: resources and needs
There is no single automatic formula setting the amount of maintenance in Luxembourg. The law lays down a guiding principle: maintenance is determined in proportion to the resources of the person who owes it and the needs of the person who receives it. It is a case-by-case assessment, left to the judge's analysis.
On the side of the debtor (the person who pays), all resources are taken into account: income from work, rental income or income from assets, but also their unavoidable expenses. On the side of the creditor (the person who receives) or of the child, the actual needs are examined: cost of living, specific costs, state of health, schooling.
Some indicative benchmarks may be in circulation, but they do not replace the judge's assessment and have no binding force. Any estimated figure must be cautious and tailored to the matter. To find out about the procedures and the assistance available, the official resources of Guichet.lu and of the Justice portal are reliable entry points.
The role of the family court judge
The family court judge (juge aux affaires familiales) is the judge with jurisdiction over most maintenance questions in Luxembourg. The judge steps in to set the amount of the contribution or of the maintenance, but also to modify or terminate it when the situation changes.
The judge rules taking into account the interests of the child and the balance between the parties. Matters may be brought before the judge in the context of divorce or separation proceedings, but also outside any divorce, for example for unmarried parents who separate.
The parties may also reach an amicable agreement on the amount of maintenance. A negotiated agreement, in particular through family mediation, is often more lasting than an imposed decision. This agreement may be approved by the judge, which makes it enforceable.
Review of maintenance
Maintenance is never fixed once and for all. It may be reviewed upwards or downwards when the situation of one of the parties changes significantly: loss of employment, a fall or rise in income, new dependants, changes in the child's needs.
A review requires the matter to be brought before the judge again, by demonstrating the change of circumstances. Until a new decision is given, the maintenance previously set remains due in full: you must never unilaterally stop paying, even in the event of difficulties.
Anticipating is therefore essential. As soon as a significant change occurs, it is prudent to consult a family lawyer to assess whether an application for review is advisable and to gather the necessary supporting documents.
Recovery of unpaid maintenance
The non-payment of maintenance is a frequent and trying situation for the creditor, often a parent who bears the child's costs alone. Luxembourg provides several routes for the recovery of unpaid maintenance.
Where maintenance has been set by a court decision, that decision constitutes an enforceable title which makes it possible to take enforcement measures, for example against the debtor's income or accounts, with the assistance of a bailiff. A lawyer specialising in debt recovery can manage these steps.
The National Solidarity Fund (Fonds national de solidarité, FNS) may, on application and subject to conditions, advance the unpaid monthly instalments and recover the maintenance from the debtor (law of 26 July 1980). This requires in particular maintenance set by a court decision that is enforceable in Luxembourg and the failure of a private-law enforcement route. The precise conditions and the steps to take are set out on Guichet.lu. Repeated non-payment may also expose the debtor to prosecution, as family abandonment (abandon de famille) is an offence.
Maintenance and international situations
Where the debtor or the creditor resides abroad, recovery becomes more complicated but remains possible. International and European instruments organise cooperation between States for the recognition and enforcement of judgments relating to maintenance obligations.
Subject to conditions, these mechanisms make it possible to enforce a Luxembourg judgment abroad, or vice versa. They are particularly useful for cross-border workers and for separated couples whose members live in different countries.
These situations often overlap with the issues raised by international divorce. They require a combined analysis of jurisdiction, applicable law and enforcement routes, which the law firm Cerno Law Firm examines in light of each configuration.
Preparing your application with a lawyer
Whether the aim is to set, review or recover maintenance, the preparation of the file is decisive. Supporting documents must be gathered for resources (payslips, tax assessment notices, income from assets), expenses and the needs of the child or the creditor.
A well-documented and consistent file strengthens the position before the judge and facilitates the negotiation of an amicable agreement. Conversely, a poorly substantiated application exposes the applicant to an unfavourable outcome or to additional delays.
Cerno Law Firm's family lawyers provide support with the setting, review and recovery of maintenance in Luxembourg. For an initial assessment of your situation, you can request a quote.
| Step | Purpose | Point to watch |
|---|---|---|
| Setting | Determining the amount according to resources and needs | Document income and expenses |
| Amicable agreement | Agreeing on the amount between the parties | Have it approved by the judge |
| Review | Adjusting in the event of a significant change | Never stop paying without a decision |
| Recovery | Obtaining payment of the unpaid sums | Enforceable title and enforcement routes |
Depending on your profile
For the creditor parent
If you receive maintenance for your child, be aware that it is set in proportion to the other parent's resources and the child's needs, under the supervision of the family court judge. In the event of non-payment, a court decision constitutes an enforceable title and the National Solidarity Fund (FNS) may, subject to conditions, advance the maintenance and assist with recovery.
For the debtor parent
If you pay maintenance and your situation changes (loss of employment, a fall in income, new dependants), a review is possible by bringing the matter before the judge. Until a new decision is given, the maintenance remains due: never stop paying unilaterally, on pain of recovery proceedings.
For cross-border workers and expatriates
Where one of the parents resides abroad, European and international instruments organise the recognition and enforcement of judgments relating to maintenance obligations. Cross-border recovery remains possible, but requires a combined analysis of jurisdiction, applicable law and enforcement routes.
Official sources
Update history
- : Distinction between the duty of mutual support, which is material, and the duty of assistance corrected in the FAQ on post-divorce maintenance (articles 246 and 247 of the Civil Code).