Maintaining a good relationship with both parents after separation is essential for the child. However, ensuring financial security is also important for healthy development. Therefore, payment of child support is a legal obligation of both parents according to the law (Art. 276 CC).

Child support, also referred to as alimony, is financial assistance to cover the living expenses of a child. This includes ongoing costs for care, food, clothing, education, recreation, and health insurance. When parents of a child live separately, the amount of alimony corresponds to the child’s basic needs (cash support), plus compensation for the potential loss of employment of the custodial parent (care support). A parent can only claim loss of earnings if he or she cares for the child during normal working hours.

Alimony and Unmarried Couples

Child support, on behalf of the minor child (according to Art. 298 CC), is due to the parent who primarily cares for the child, regardless of the parents’ marital status before separation or divorce. Since a change in the law in 2017, marital status no longer affects the payment of support. Previously, the law favored children of married couples in the payment of support, which is no longer the case. According to Article 252 CC, the father’s obligation to pay support arises as a result of a paternity declaration at the civil registry office.

Questions about alimony?

Your ex-husband does not pay alimony for the shared children? Or do you have other concerns about alimony? Our knowledgeable family law attorneys are here to help.

It’s difficult for a layperson to determine the amount of child support on their own, as it involves a complex calculation that considers many factors. The final amount of alimony is therefore always determined by a court in Switzerland, usually at the time of divorce or separation (Article 133 of the Swiss Civil Code). According to Article 285 of the Swiss Civil Code, the calculation is based on the financial situation of the parents and the needs of their child and cannot be generalized. Therefore, consulting with a lawyer would be highly recommended.

One way to roughly estimate the amount of alimony is to use the Zurich Child Cost Table. This is an annually published grid that shows the average monthly costs for the basic needs of a child based on age. However, the amount of alimony may vary slightly depending on the canton. Additionally, the income of the obligor parent is always considered in the maintenance calculation. The higher their standard of living and income, the higher the maintenance amount.

Recalculation of Alimony

The amount of alimony in Switzerland can be reassessed by the court if the parents’ circumstances or the child’s needs change (Article 134 of the Swiss Civil Code). For example, if custody arrangements change and both parents share alternating custody of the child, the maintenance amount may be reduced. This is because the caregiving shares of both parents are also taken into account in the calculation of alimony. If the custodial parent incurs extraordinary expenses for the child (e.g., for medical care) or experiences significant loss of work and income due to caregiving, the maintenance amount can also be increased accordingly.

Support for a Legal Child

Swiss law stipulates that maintenance payments are to be made until the child reaches the age of majority, i.e., until the age of 18 (Article 277, paragraph 1 of the Swiss Civil Code). However, there is an exception. Maintenance payments can be extended if the child has not completed their (vocational or academic) education at the time of reaching majority (see Article 277, paragraph 2 of the Swiss Civil Code). However, this extension may be subject to the approval of a court. Furthermore, if the entitled child changes professions or studies multiple times before completing their education, the extension of maintenance payments may be suspended.

If you do not receive your rightful alimony from the other parent, you can initiate a debt collection process, which may result in wage garnishment. You can initiate this process yourself or use the services of the canton to receive free support and a financial advance during this period (Article 290 of the Swiss Civil Code). To assert your claim for alimony, you must take the following steps.

1. Reminder letter to the obligor parent

The first step when alimony payments are overdue is to send a written reminder to the obligor parent. You have a deadline of 10 days from the date of payment to submit your request in writing by registered mail. Set a deadline for payment in the letter and inform the father or mother that a debt collection process will be initiated if they do not pay the maintenance within the new deadline.

2. Debt collection procedure

If a reminder has no effect, you can initiate a debt collection process. To do this, you must contact the debt collection office at the debtor’s place of residence. Initiating a debt collection procedure incurs costs that you must pay in advance and depend on the amount of the claim. These fees usually range between 40 and 100 CHF. If the maintenance payment has not been made despite the delivery of the payment order by the debt collection office after 20 days, you can request the garnishment of assets and income.

3. Instruction to the debtor

To request payment from the debtor, you must initiate a civil procedure by filing a petition with a court. This petition may allow you to garnish the maintenance amount directly from the income of the obligor parent. In this procedure, the court’s decision applies not only to outstanding amounts but also to future payments until further notice (Articles 291 et seq. of the Swiss Civil Code).

4. Guarantee for future payments

To ensure future maintenance payments, you can request a guarantee from the court. It can then decide to block the outstanding maintenance amount in the bank account of the obligor parent and order a monthly transfer to you.

To claim alimony, you can take action yourself but may have to pay upfront costs. In connection with non-payment of maintenance, this can make the situation difficult. In such cases, you may apply for recovery assistance, which includes an advance on maintenance. You must address this request to your municipality of residence. Debt collection assistance allows the state to garnish funds directly from the other parent by instructing the debtor and garnishing funds. If you encounter problems, you can also consult a family law attorney.