Maintenance Support: General Information and Conditions
The so-called caregiver maintenance, also known as compensatory allowance, is granted to the parent responsible for parental custody after a separation or divorce. This amount is intended to ensure that the parent can cover the child's living expenses and compensate for the income loss that parental custody may cause. In this article, you will learn what caregiver maintenance is, whether you are entitled to it, and how you can calculate the amount.
What is Caregiver Maintenance?
Child support is generally a financial aid provided under Swiss law in the event of parental separation to ensure that the basic needs of the child are still met by both parents (Article 285 paragraph 2 of the Civil Code). These needs include food, housing, clothing, education, leisure activities, and health insurance. The time a custodial parent spends caring for the child is recognized as a significant contribution to the child's maintenance.
The law assumes that the custodial parent contributes to the child's development by ensuring their care and everyday needs. The non-custodial parent, on the other hand, provides financial support to contribute to the child's upkeep. Child support is due regardless of whether the parents were married. A child has a right to maintenance from both parents at least until adulthood (Article 298a of the Civil Code). These payments are referred to as cash maintenance.
If needed, the custodial parent is compensated for potential income loss through caregiver maintenance. This is because a parent may not be able to work full-time and adequately care for the child simultaneously (Article 276 paragraph 2 and Article 285 paragraph 2 of the Civil Code).
What are the Conditions for Receiving Caregiver Maintenance?
If you are experiencing a separation from a parent of your child, it is important to determine whether you are entitled to caregiver maintenance. This specific type of alimony is not automatically granted but requires meeting certain criteria. A court will assess whether there is indeed a loss of income due to childcare responsibilities.
Simply being unable to work full-time or being unemployed is not a sufficient reason to receive caregiver maintenance. The key criterion is that this situation is due to your childcare responsibilities. Swiss law thus assumes that caregiver maintenance is only granted if the custodial parent’s financial shortfall is due to their role in daily care and supervision of the child.
How to Calculate the Amount of Caregiver Maintenance?
Generally, calculating alimony in Switzerland is complex, as the amount depends on many factors related to the individual situation of the custodial parent and the child's needs. There is no percentage scale to refer to, and only a family law attorney can help you estimate the amount that a court might decide upon.
In assessing and determining caregiver maintenance, the court generally considers two criteria: the needs and resources of the child and the financial and personal situation of the single parent (Article 285 of the Civil Code). Whether there is a claim to caregiver maintenance significantly depends on whether and how the parent's employment is affected by childcare responsibilities.
A guideline is provided by the cantonal subsistence level, i.e., the living costs incurred for a family. The actual income of the single parent is then compared against the subsistence level. The difference determines the amount of outstanding caregiver maintenance. To be certain of your claim before filing a court application, it is advisable to consult a family law attorney.
How Long Must Caregiver Maintenance be Paid?
Generally, alimony is required by law at least until the child reaches adulthood. Once the child turns 18 or becomes financially independent, the general maintenance obligation ceases, and alimony payments can theoretically be stopped. However, this only applies to cash maintenance.
Caregiver maintenance, on the other hand, can become redundant earlier. This is particularly the case if the single parent is able to return to sufficient employment (Article 286 of the Civil Code). Additionally, the child's age and development are also factors. For example, when the child is ten years old, it is assumed that the custodial parent can take on part-time employment. From the age of 16, full-time employment is generally not ruled out.
An extended claim to caregiver maintenance usually exists only if the child, for example, due to a severe disability, requires increased care even at an advanced age.
Maintenance Payments for Children Over 18
In some cases, maintenance payments may be extended or decided upon after the child reaches adulthood. This applies if the child has not completed their school or vocational training and is therefore not yet financially self-sufficient (Article 277 of the Civil Code). However, if a parent is obligated to support both an adult and a minor child, the contribution for the minor child takes precedence over that for the adult child (Article 276a of the Civil Code). Parents can mutually agree on the payment of such alimony or, in case of conflict, approach a court.
Why should you consult a family law attorney?
To help you determine your entitlement to caregiver maintenance, it is advisable to contact a family law attorney. They can tell you the amount you might expect and assist you in the various application procedures. These usually require numerous documents and evidence. An incomplete application can lead to delays or even miscalculations of caregiver maintenance. Therefore, hiring an experienced attorney can help you fully and promptly assert your rights.
FAQ: Caregiver Maintenance
Child support is a financial aid provided to the child or their parent who has custody of the child by the other parent. The main purpose of this support is to cover the child's living expenses (i.e., housing, food, education, recreation, clothing, and health insurance). In addition to this cash support, caregiver maintenance is also sometimes granted to compensate the single parent for the loss of paid employment due to childcare responsibilities.
Yes. The payment of caregiver maintenance is explicitly intended to compensate for the loss of employment of the single parent. On the other hand, this parent is not entitled to maintenance if the reduced or lost employment is not related to childcare.
Yes. The courts consider several criteria to determine the final amount of maintenance. One of the significant criteria considered is the financial situation of the maintenance-obligated parent. The higher their income, the higher the alimony. The maintenance-obligated parent must still be able to meet their own basic needs after paying the alimony.
Although the maintenance obligation generally ends when the child reaches adulthood, it is possible for a parent to be required to pay maintenance for an adult child. The claim to caregiver maintenance, however, usually ends before the child reaches adulthood. It depends on whether the individual needs and development of the child allow the single parent to work.
No. Changes in the personal and financial circumstances of the parents can lead to a reassessment of the maintenance amount determined at the time of divorce or separation. This can be a mutual reassessment between the two parents or a court decision. This reassessment can also be due to the changed needs of the child, for example, in the area of medical care.
Yes. Since January 1, 2017, mothers of illegitimate children (also referred to as "illegitimate") can also receive maintenance. Whether the parents were married or not does not affect the right to or the amount of maintenance for the child's benefit.
If a parent does not receive the maintenance they are entitled to, they can initiate a collection or enforcement procedure. Additionally, state support is provided, and the maintenance amount can be directly deducted from the respective debtor's bank account.