Chapter V: Obligations arising from marriage

The spouses contract together, by the mere fact of marriage, the obligation to feed, maintain and bring up their children.

The child has no action against its father and mother for establishment by marriage or otherwise.

Children owe maintenance to their father and mother or other ascendants who are in need.

Son-in-law and daughter-in-law also owe maintenance to their father-in-law and mother-in-law in the same circumstances, but this obligation ceases when the spouse who produced the affinity and the children from his or her union with the other spouse have died.

The obligations resulting from these provisions are reciprocal. Nonetheless, when the creditor has himself committed a serious breach of his obligations towards the debtor, the judge may discharge the debtor of all or part of the maintenance debt. In the event of the creditor’s conviction for a crime committed against the person of the debtor or one of his ascendants, descendants, brothers or sisters, the debtor is discharged from his…

Alimony shall be granted only in proportion to the need of the person claiming it, and the wealth of the person owing it. The judge may, even of his own motion, and according to the circumstances of the case, attach to the alimony a variation clause permitted by the laws in force.

When either the provider or the recipient of food is returned to such a state, that one can no longer provide it, or the other no longer needs it in whole or in part, discharge or reduction may be requested.

If the person who must provide maintenance justifies that he cannot pay the maintenance, the family affairs judge may, with full knowledge of the facts, order that he receive in his home, feed and maintain the person to whom he owes maintenance.

The family affairs judge will also rule on whether the father or mother who offers to receive, feed and maintain in his or her home, the child to whom he or she owes maintenance, should in this case be exempted from paying maintenance.