Parental Obligation to Support the Child - Legal Framework and Practice
Regardless of whether they are in a relationship or living apart, parents have a duty to support their minor child to ensure the child's needs are met. Swiss law requires a table outlining the appropriate child support in any court proceedings involving a child. This table details the costs necessary to meet the child's needs in areas such as education, daily life, and health. This article explains what parental support obligations are and what the table for appropriate child support includes.
How Does the Parents' Support Obligation Towards Their Children Work?
Under Swiss law (Art. 276 et seq. CC), parents are required to support their child in various ways until they reach adulthood. They must provide for housing, clothing, daily care and medical expenses, school and vocational training, pocket money, and in some cases, protective measures. All these aspects are encompassed under the term "maintenance."
Who Is Responsible for Child Support?
Both parents, the biological father and the biological mother, are obliged to contribute to their child's living expenses according to their means. This obligation to support the child depends on the parent-child relationship, not on parental custody. Thus, a parent without custody is still required to fulfill their support obligations.
In married couples, both contribute according to their means to the upbringing, care, and maintenance of the child (Art. 276 para. 2 and Art. 278 CC). In case of separation, the parent with custody primarily provides care and upbringing, while the other parent provides financial support (Art. 285 et seq. CC). In foster families, both parents must provide financial support through foster care payments (Art. 294 CC).
Duration of Child Support Obligation
Parents are required to support their child from birth until adulthood (Art. 277 and 289 CC). The support obligation may end earlier if the child can support themselves through employment (Art. 276 Para. 3 CC). However, if a child has not completed their vocational training by the age of 18, they may still need parental support to finish their education.
Swiss law assumes that parents must continue to fulfill their support obligation until the completion of education within a normal timeframe (Art. 277 Para. 2 CC). The same applies if the child resumes education after a period of employment. The same applies if the child resumes education after a period of employment. For the extension of parental support to be effective, parents must also be able to continue supporting the child.
What Costs Are Incurred for Child Support?
The determination of costs for adequate child support depends on several factors. Firstly, age has a significant impact, as a young child has different needs than a teenager. Basic needs are considered fixed costs:
- Accommodation costs: These depend on the amount of space the child occupies in the home. For example, if the child has a room in a three-room apartment, the rent (including ancillary costs) is divided by three, representing the child's accommodation costs. For alternating custody, the average of both residences is considered.
- Costs for food, clothing, etc.: These fees depend on the income and living standard of each family. According to the public prosecutor's office, the subsistence minimum for a child under 10 years is 400 CHF per month, and 600 CHF per month for a child aged 10 or older.
- Health insurance costs
- Medical costs: These include medical expenses not covered or subject to a deductible, such as orthodontic or optical treatments.
- Transportation costs: These include fares for public transport, costs for transporting the child to school, etc.
- Specific costs related to a child's disability
All these fees should be assessed monthly, not annually. The minimum amount necessary for a child's needs should not be less than 1,200 CHF per month.
What To Do if a Parent Neglects Their Support Obligation?
According to Article 276a CC, the support obligation for a minor child takes precedence over all other family law obligations. This duty is inescapable, and if a parent fails to meet their support obligation, the other parent can sue for maintenance. A court can then order interim measures and garnish the maintenance amount directly from the concerned parent's wages (Art. 291 et seq. CC).
The caregiving parent can also apply for support from their canton and initiate debt collection proceedings (Art. 290 CC). This support is usually free of charge. The child themselves can also sue one or both parents for maintenance (Art. 279 Swiss Civil Code). If you encounter problems, you can hire a family law attorney.
Table for Appropriate Child Support
To determine the child's needs and the means required to meet them, Swiss law requires the creation of a table for appropriate support (Art. 301a Swiss Civil Procedure Code), which determines the monthly amounts. This table must be presented in all proceedings involving a minor child, such as divorce proceedings, partnership agreements, separation proceedings (MPUC), changes in maintenance orders, or agreements concerning children of unmarried parents.
Using this table, the court can determine the amount of child support based on the child's overall needs. The court can also use this document to set a possible maintenance amount if the obligated parent cannot financially support the child. Note that a separate table is required for each child.
Child Support Agreement
It is possible to arrange the payment of maintenance contributions in a support agreement. This agreement is signed by the obligated parent and the child or their legal representative (if the child is a minor). The contribution is usually determined monthly and depends on the child's needs and both parents' means. However, the support contribution can also be paid in a lump sum (settlement) if the parents agree. Finally, a court can mandate the payment of the contribution.
According to Article 287a of the Swiss Civil Code, the support agreement must include the following details:
- The income and assets of the parents and children
- The agreed support amount for each child
- The deficit needed to cover support (based on the table)
- How (and if) the support contributions will be adjusted for possible changes in living costs
FAQ: Parental Support Obligation Towards the Child
The biological parents of the child are both responsible for the child's support. Child support is not tied to parental custody, and even a parent without custody is obligated to contribute financially to the child's maintenance.
No. A stepparent is not required to pay support for their partner's child. However, for married couples, the stepparent is obligated under Article 278, Paragraph 2 of the Swiss Civil Code to assist their spouse in fulfilling their support obligations. This duty of assistance does not apply in the case of partnerships or cohabitation.
In the case of separated parents, both remain responsible for the support of their children. The parent with custody is responsible for providing care, education, clothing, etc. The other parent contributes financially to the child's support by paying child support.
Parents are obligated to support their children from birth until they reach adulthood. Generally, parents are not required to provide support once their children turn 18. However, if the child has not completed their education, parents may be required to continue providing support.
The child support table is a document that must be presented in court proceedings involving a child. This table lists the expenses for the child's basic needs in monthly (not annual) amounts, based on the child's age and fixed costs (housing, food, clothing, insurance, transport, etc.).
While the obligation to provide support generally ends at adulthood, there is an exception stated in Article 277, Paragraph 2 of the Swiss Civil Code. The support obligation may continue if the child has not completed their vocational training by the age of 18. This ensures that parents can continue to care for the child.
If a parent fails to meet their support obligation, a child support claim can be filed. This procedure can be initiated by the child or their legal representative to request the court to order the payment of support contributions. The court may decide to garnish the amount directly from the debtor's salary and secure regular future payments.