Child maintenance: how it is calculated in Switzerland
The parents' duty of maintenance
Art. 276 CC sets out the principle: the father and mother must provide for the maintenance of the child, in particular through money, care and upbringing, in proportion to their means. This duty exists regardless of the parents' marital status and continues after a separation or divorce.
What the maintenance contribution covers
The child maintenance contribution (art. 285 CC) covers the direct costs of the child's upkeep and education: food, housing, health, education. Since 2017 it may also include a care contribution (art. 285 para. 2 CC), intended to cover the subsistence costs of the parent who personally cares for the child when this prevents them from working full time.
The calculation method
In 2020 the Federal Supreme Court standardised the method for calculating maintenance contributions nationwide: a two-step method that first determines each party's subsistence minimum under debt enforcement law, then distributes the available surplus among family members according to precise rules. This method replaces the previously divergent cantonal approaches and aims for greater predictability.
Revision and non-payment
A maintenance contribution set by judgment or agreement can be revised if a party's financial or personal circumstances change significantly and lastingly. In the event of non-payment, the entitled parent can request collection assistance from the competent cantonal service and initiate debt collection proceedings.
Frequently asked questions
Until what age is child maintenance owed?
In principle until the child reaches the age of majority, and beyond if the child has not yet completed an appropriate education at that point, within the limits of what can reasonably be required of the parents (art. 277 CC).
Can the maintenance contribution be revised?
Yes, if a parent's or the child's financial or personal circumstances change significantly and lastingly, either parent can ask the court to adjust the amount set.
What can I do if the other parent does not pay maintenance?
You can request collection assistance from the competent cantonal service, which can approach the debtor, and initiate debt collection proceedings if amicable efforts fail.
What is the care contribution?
Introduced in 2017, it covers the subsistence costs of the parent who personally cares for the child when this prevents them from working full time (art. 285 para. 2 CC), in addition to the child's direct costs.