The Court of cassation has ruled on the question of whether a separated couple could share the supplement of free choice of mode of care of children paid by the CAF. Here is his decision.
Following his divorce, a father denies that his wife receives the full complement of free choice of mode of care, while their child is in joint custody. It asks that we pay the half, that refuses the family allowances fund. He grabs justice and wins the case before the court of appeal.
An unjust decision ?
The Court of cassation set aside the judgment. According to the judges, the complement of free choice of mode of care of children provided for in articles L. 531-1 and L. 531-5 of the social security Code can only be assigned to a person’s unique.
Even if this decision may seem unfair, it conforms to the social law. In the case of a residence the alternating of the children, only the family allowances may be shared between the two parents, each of which can be recognised as having the quality of beneficiary.
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But for all that relates to the provision of early childhood (PAJE), which includes several aids aimed at parents, including the supplement of free choice of mode of care, a single person can benefit from it. Most often, it will be the first of the parents that has made its allocation request.