As of January 1, 2017, significant changes to the child maintenance provisions were implemented, focusing on ensuring that child maintenance covers not only direct expenses but also the indirect costs related to child care. This reform emphasizes the child's best interest and acknowledges the economic impact on parents who care for their children.
Legislative Changes
According to the Message from the Federal Council on child maintenance {1}, each child is entitled to a contribution that not only covers current needs but also provides the option for appropriate care, whether through external services like daycare or by the parents themselves. This means that maintenance should include both direct costs (such as food, housing, and health insurance) and indirect costs, referred to as the "care contribution," reflecting the time parents dedicate to their children and the financial impact of reduced professional activity for the caregiving parent.
Calculation Methods
Prior to the legislative change, no specific method was prescribed for calculating child maintenance. Judicial practice had developed two methods: one based on a percentage of a parent's income and the other on statistical data about the cost of raising a child in Switzerland. The new legislation did not specify a calculation method, leading the Federal Supreme Court to address this issue in its ruling of May 17, 2018 {2}. The Court now applies the "subsistence expenses" method proposed by the Federal Council, which includes both essential needs for the child and the minimum living costs for the caregiving parent.
Maintenance Amounts
For children under 10 years old, the base monthly amount is set at CHF 400.
For children aged 10 years and older, it is CHF 600.
The minimum vital amount, as defined by debt enforcement law, is CHF 1,200 for a single parent and CHF 1,700 for a parent living with a partner.
Calculation Formula
The Federal Council suggests the following formula to determine the care contribution:
Net income of the caregiving parent – (Minimum vital amount + Direct expenses for the child) = Care contribution
The care contribution is only applicable if the net income does not fully cover the total expenses.
Additional Assistance
For further questions on this topic, the legal experts at the Consultation juridique du Valentin are available to provide guidance and support.
References:
{1} Message concerning the revision of the Swiss Civil Code (child maintenance), November 19, 2013, FF 2014 511, p. 512.
{2} ATF 144 III 481
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