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The purpose of child support is to provide financial security for the child of two spouses and is regulated in Art. 276 of the Swiss Civil Code. Children have a right to child support regardless of whether the parents are married or divorced.
Child support consists of cash support and childcare support.
The cash maintenance must be high enough to cover expenses for the child. This includes all expenses incurred for the necessary clothing, care, food, leisure and education of the child. The cash support should therefore cover the basic needs of the child. On top of this, are any surplus shares of the caring parent. The child’s own income is deducted.
The purpose of childcare maintenance is to fill the financial gaps that arise due to childcare and the reduced possibility of gainful employment associated therewith. The right to receive childcare maintenance is only given if, due to the care of the child, the pursuit of gainful employment limited or reduced to an extent. There is no entitlement to child maintenance if the children go to school during regular working hours. In such a case, it is considered possible to pursue gainful employment without restriction.
The court determines the appropriate amount of child support. This calculation takes into account the specific circumstances and bases its decision on the respective cantonal cost table and the income of the parent who is liable for child maintenance.
In principle, the standard of living of the parents liable to pay must also be taken into account when calculating maintenance. This is regulated in Art. 285 SCC. If the standard of living is high, a higher amount must also be paid as child support. The child maintenance calculation is thus determined by the actual care situation, the cost of living of the principal carer as well as their respective income situations. There is no strict calculation of the amount as a flat-rate or percentage.
If the child has reached the legal age, child maintenance generally ends. However, if the child has not completed their vocational training after reaching the age of 18, the entitlement to child support remains valid. The entitlement to child support remains even if the child changes their career path or changes their field of study once. The child support entitlement expires if it is unreasonable for the parents to pay for the support of the adult child. It is considered unreasonable to claim maintenance if the child repeatedly discontinues the course of study shortly before graduation and begins a new course of study in a different subject area.