Child Support: Calculating Alimony Correctly

The calculation of alimony (child support) depends on many factors, which is why in the event of a divorce in Switzerland, a court makes the final decision on its amount (Art. 133 CC). Therefore, it is not easy for laypeople, almost impossible, to determine the exact extent of these payments on their own. When calculating alimony, the court considers several factors:

• dhe needs of the child
• the income, expenses, and employment status of the obligated parent (Article 285 CC)

To calculate alimony, the amounts related to the needs of the child and the income of the obligated parent are the most important factors. To determine the child's needs, you can first refer to the Zurich Child Cost Table. This is a statistical grid used to determine the annual costs for the maintenance of a child according to age. However, these fees may vary depending on the canton. Regarding the income of the obligated parent, the rule is: the higher their standard of living, the higher the maintenance contribution.

What Is the Definition of Child Support?

According to Article 176 CC, child support in Switzerland includes three areas:

• The care and upbringing of the child
• The education of the child
• Cash payments for education, care, and living expenses of the child

Generally, both parents are equally responsible for ensuring adequate child support. If you are married, the obligation for child support exists according to matrimonial law (Art. 278 CC). However, if family circumstances and the division of parental responsibility change due to divorce or separation, these responsibilities are usually reallocated. In divorces by mutual consent, parents usually agree among themselves on how parental care and custody will be regulated from now on and how much maintenance payments will be. In contested divorces, these questions are assessed by the divorce court and in the best interests of the child (Article 133 CC).

Who Pays Child Support?

The obligation to provide support to a child exists until they reach the age of majority or until they complete their first vocational training (Art. 277 CC). If the parents live separately during this period, the parent not primarily responsible for the child's care (custody) is obligated to make maintenance payments. In cases of joint custody and alternating parental care, the respective caregiving shares of both parents are taken into account when calculating alimony (Art. 276 paragraphs 1 and 2 CC). However, if, for example, only the mother has custody, the father cannot validly claim caregiving time for the purpose of alimony – only cash payments apply. If maintenance is not paid, you can initiate debt collection proceedings with the cantonal authorities or consult a family law attorney. The latter can also grant maintenance advances while debt collection proceedings are initiated (Art. 290 CC).

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In Switzerland, unlike other European countries, it is very difficult to calculate the correct maintenance contribution for your child or children. This is a complex calculation that requires consideration of many criteria and numerous documents. Since 2017, alimony consists of two parts: the cash support (regular child support) and the care support. The latter is intended to compensate for any loss of earnings of the custodial parent due to childcare.

The amount of alimony depends on the actual financial situation of the parents, the expenses and incomes of the parent with custody and the obligated parent, their caregiving shares, and also the needs and assets of the child.

Ideally, the amount of alimony should range between 15% and 17% of the net income of the parent not primarily caring for the child. For two children, it increases to a range of 25% to 27%, and for three children, it ranges from 30% to 35%. However, the amounts vary depending on the parents' situation and are also staggered by age groups.

According to the Zurich Child Cost Table, for example, the monthly maintenance contribution for a 14-year-old child in 2020 averaged 1765 Swiss francs per month. This includes costs for accommodation (565 CHF), meals (350 CHF), clothing (125 CHF), health insurance (115 CHF), and other additional costs (610 CHF). The calculation also takes into account the level of inflation based on the national consumer price index determined by the Federal Statistical Office. When a court determines the amount of alimony, it also considers the level of the consumer price index determined by the Federal Statistical Office.

The amount of maintenance is determined at the time of divorce or separation. However, this amount can be adjusted depending on the respective situation and living conditions of the parents (Art. 134 CC).

If the parents' living conditions or the child's needs change significantly, the maintenance amount can be appropriately increased or decreased. This reassessment can be agreed upon amicably between the two parents or decided by a court. For example, a reallocation of parental custody or a loss of income by one parent can be the basis for a recalculation of maintenance.

If the child has an extraordinary need (e.g., medical care) that was not taken into account in the initial calculation, the maintenance can also be reassessed.