Parental Obligation to Support the Child - Legal Framework and Practice

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.

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.

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