To ensure a child's harmonious development, they need not only a good relationship with both parents and stable supervision but also financial security. The law aims to strengthen the child's position and improve the situation of the parent responsible for them, with the goal of achieving balance between the two parents. They must meet their obligation to support the minor child before addressing the economic consequences of their separation (Article 276a of the Swiss Civil Code).
In the case of a fair arrangement agreed upon by the parents, the payment of support contributions generates less tension than when a fixed amount is imposed. Nevertheless, the judge will always check if the agreed amount meets the child's interests and needs.
The court sets the maintenance contribution (Article 133, paragraph 1, section 4 of the Swiss Civil Code) using the "subsistence costs" method, which involves determining the essential minimum for each parent. The judge then adds to this essential minimum certain ongoing expenses that the debtor is legally required to cover or cannot forego without significant inconvenience to daily life (rent, insurance, dining out, public transportation, etc.). These amounts together form the "extended minimum vital" (it should be noted that only half of certain expenses are considered in cases of cohabitation). The judge has broad discretion and is never required to follow a strict accounting calculation.
According to the Ordinance on Family Law Maintenance Claims Collection Assistance, collection assistance is the responsibility of the cantons, which designate at least one specialized office to assist those entitled to maintenance contributions (Article 2 of the Ordinance on the Collection of Maintenance Claims). Thus, when the debtor neglects their maintenance obligation, a specialized office generally helps the creditor who requests the enforcement of maintenance payments free of charge (Article 131, paragraph 1 of the Swiss Civil Code). Public law governs the provision of advances for child maintenance when the parents fail to meet their support obligations (Article 293, paragraph 2 of the Swiss Civil Code). In the canton of Vaud, the Bureau for the Collection and Advances on Alimony (BRAPA) will be responsible for this task.
Maintenance contributions must be paid in advance. The judge sets the payment deadlines (Article 285 of the Swiss Civil Code). It is not enough that the child has the right to support; it is equally important that they receive timely and regular means to ensure their maintenance. Thus, if a maintenance order has been set by a court decision and is not paid by the debtor or is only partially paid, BRAPA can replace the debtor and pay the full or partial amount due.
To obtain BRAPA's assistance, you only need to contact them by phone and provide the required information. You will then need to complete a questionnaire sent to you following the phone conversation and return it duly filled out to BRAPA along with the requested documents. Finally, you will need to attend an appointment to determine if your case meets the required standards. During the meeting and to continue with the process, you will be asked to sign an assignment of maintenance rights to the State. The processing time for your case will be approximately two to three weeks. It is important to emphasize that to obtain BRAPA's assistance, you must have a formal court decision ordering the ex-spouse to pay maintenance contributions as well as the required documents. Advances are only made if you have a genuine need to receive the maintenance owed to you.
Additionally, BRAPA may proceed with the collection of the maintenance payment through legal action, wage garnishment, or criminal complaint against the debtor. In this case, you will be asked, during the appointment and to continue the process, to sign a mandate (Article 6 of the Ordinance on the Collection of Maintenance Claims).
Our legal advisors can answer your questions and assist you with the steps needed to obtain, if necessary, BRAPA's help in collecting maintenance contributions for your child/children.
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