French Legal Question - "Obligation Alimentaire"
Discussion
Serious one for a change:
My Mum has been sent over some French legal papers outlining her "Obligation Alimentaire".
To cut a long story short, my Father's Mother is a French citizen and she's suffering the later stages of dementia - under French law, it seems that the "Obligation Alimentaire" means that the family has to pay hospital costs (so I understand it). I've looked into this (well, I Googled/Wikipediad it) and that's what it seems.
However, my Mum is NOT a French citizen and my Father (also a non French citizen) is dead. So from that and what I've read up, my Mum is not bound by French law and that fact that my Dad is dead releases her from that anyway.
Under the papers she's received, she's been asked to provide her last 3 pay slips and all details of her Assets.
Can anyone shed any light on the "Obligation Alimentaire" and where my Mum stands - I'd rather she fight this as my Dad's family are a real bunch of b
ds who have continuously tried to screw us since the day my Dad died. Oh, any my Grandmother has never given a st about me, my Mum or my sister and all the money my Gran had (which was, apparently a LOT) has been spent by her French family. Not to mention that one (paternal) Aunt and one (paternal) Uncle are jobless drunks (one of which has been to prison TWICE for DUI) - Nuking them from orbit would be nice....
I've told her to speak to the CAB, but I have a horrible feeling that the French law is far reaching and, given that they're french and the family are all money grabbing, robbing bds, I fear she may be screwed.
(No doubt I'll bump this for the daytime crowd)
Any offline legal advice is welcome too.
My Mum has been sent over some French legal papers outlining her "Obligation Alimentaire".
To cut a long story short, my Father's Mother is a French citizen and she's suffering the later stages of dementia - under French law, it seems that the "Obligation Alimentaire" means that the family has to pay hospital costs (so I understand it). I've looked into this (well, I Googled/Wikipediad it) and that's what it seems.
However, my Mum is NOT a French citizen and my Father (also a non French citizen) is dead. So from that and what I've read up, my Mum is not bound by French law and that fact that my Dad is dead releases her from that anyway.
Under the papers she's received, she's been asked to provide her last 3 pay slips and all details of her Assets.
Can anyone shed any light on the "Obligation Alimentaire" and where my Mum stands - I'd rather she fight this as my Dad's family are a real bunch of b
ds who have continuously tried to screw us since the day my Dad died. Oh, any my Grandmother has never given a st about me, my Mum or my sister and all the money my Gran had (which was, apparently a LOT) has been spent by her French family. Not to mention that one (paternal) Aunt and one (paternal) Uncle are jobless drunks (one of which has been to prison TWICE for DUI) - Nuking them from orbit would be nice....I've told her to speak to the CAB, but I have a horrible feeling that the French law is far reaching and, given that they're french and the family are all money grabbing, robbing b
ds, I fear she may be screwed.(No doubt I'll bump this for the daytime crowd)
Any offline legal advice is welcome too.
I don't have an answer for you but may I suggest: http://www.lawanswers.co.uk/reception? who almost certainly will. And they're free!
My wife had cause to send them a couple of questions recently (in the day) and they were back with answers within an hour.
My wife had cause to send them a couple of questions recently (in the day) and they were back with answers within an hour.
driverrob said:
I don't have an answer for you but may I suggest: http://www.lawanswers.co.uk/reception? who almost certainly will. And they're free!
My wife had cause to send them a couple of questions recently (in the day) and they were back with answers within an hour.
Thanks, i'll give them a try in the morning :-)My wife had cause to send them a couple of questions recently (in the day) and they were back with answers within an hour.
Try here: http://documentation.agevillage.com/Article/obliga...
Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
DavidHM said:
Try here: http://documentation.agevillage.com/Article/obliga...
Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
A translation would be useful - I've only used Google translation as my french is a bit rusty these days.Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
I just want to be sure that my Mum isn't going to get screwed over as I don't see why she should pay the medical bills - if I've read it right, there's no limit to the costs that she could be liable for.
DavidHM said:
Try here: http://documentation.agevillage.com/Article/obliga...
Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
Just pointing out that page dates from 2004....Do you need a translation? I've skimmed it but it looks promising for you in that the Courts find that there is no obligation on the surviving spouse of a child whose parent is in need.
HappyGoLucky said:
No expert, but it would seem that the obilgation ends on divorce or death of the spouse in which case your mother would be in the clear - I'd get a professional opinion too though.
That was how I interpreted it too, but I need to be sure.I'd be intrigued to know whether we'd be liable if Dad was still alive though.
james_tigerwoods said:
HappyGoLucky said:
No expert, but it would seem that the obilgation ends on divorce or death of the spouse in which case your mother would be in the clear - I'd get a professional opinion too though.
That was how I interpreted it too, but I need to be sure.I'd be intrigued to know whether we'd be liable if Dad was still alive though.
HTH
The official text is here: http://vosdroits.service-public.fr/F1196.xhtml?&am...
This refers to the Civil Code article 205: http://www.legifrance.gouv.fr/affichCode.do?idArti...
Question would be "is your mother resident in France, or subject to French tax laws?"
If there was any grant of obligation alimentaire then you can claim substantial tax relief on it under French law.
This refers to the Civil Code article 205: http://www.legifrance.gouv.fr/affichCode.do?idArti...
Question would be "is your mother resident in France, or subject to French tax laws?"
If there was any grant of obligation alimentaire then you can claim substantial tax relief on it under French law.
Le TVR said:
The official text is here: http://vosdroits.service-public.fr/F1196.xhtml?&am...
This refers to the Civil Code article 205: http://www.legifrance.gouv.fr/affichCode.do?idArti...
Question would be "is your mother resident in France, or subject to French tax laws?"
If there was any grant of obligation alimentaire then you can claim substantial tax relief on it under French law.
ThanksThis refers to the Civil Code article 205: http://www.legifrance.gouv.fr/affichCode.do?idArti...
Question would be "is your mother resident in France, or subject to French tax laws?"
If there was any grant of obligation alimentaire then you can claim substantial tax relief on it under French law.
Le TVR said:
Question would be "is your mother resident in France, or subject to French tax laws?"
She's not, but I'm extremely cynical when it comes to the French and their application of the (their) lawsSome points here: http://www.notaires.fr/notaires/notaires.nsf/V_TC_...
There are some possibly useful links too.
There are some possibly useful links too.
Le TVR said:
Some points here: http://www.notaires.fr/notaires/notaires.nsf/V_TC_...
There are some possibly useful links too.
Useful, yes, but Mum and Dad are from Mauritius and were never residents or citizens of France. We (my sister and I) have also never been residents or citizens of France. Gran (Dad's Mum) was from Mauritius and took up Residence in France.There are some possibly useful links too.
I'll go and have a proper read of that link too.
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