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– August 8, 2024

How long do I have to pay child support?

The maintenance obligation towards children generally ends when the children reach the age of majority, i.e. 18 years of age (Art. 277 Para. 1 ZGB). However, there is an exception to this rule: if your child has not yet completed their first full education by the time they turn 18, the maintenance obligation continues to apply in accordance with Art. 277 Para. 2 ZGB until the child has completed their education.

This refers to the time at which the child acquires a corresponding diploma, but not the time at which the child takes up appropriate gainful employment, as the child is generally entitled to unemployment insurance benefits while looking for a job.

It is often assumed that the maintenance obligation ends definitively when the child reaches the age of 25. However, it does not matter how old the child is when they complete their initial education; maintenance is also owed beyond the age of 25.

Initial training can be either an apprenticeship or a degree programme. Depending on the degree programme, either a Bachelor’s or Master’s degree is considered to be the appropriate initial education. The decisive factor for the appropriateness of the initial training is that the child can earn an income in the profession they have learnt.

Pursuant to Art. 276 para. 3 ZGB, the parents are only exempt from the maintenance obligation to the extent that the child can reasonably be expected to support themselves from their own earnings or other means.

An adult child can agree maintenance payments independently with the parent who is liable to pay. If the adult child and the parent cannot reach an agreement, the child, as the person entitled to maintenance, must turn to a court to have the maintenance payments determined. Once the court has issued a final judgement, the child also has a basis for claiming maintenance payments from the parent who is liable. Maintenance payments can be collected by means of debt enforcement (for maintenance claims due to date) or debtor’s order (for maintenance claims arising in the future).

If the maintenance obligation is not fulfilled, the parents may also be in breach of the criminal offence of neglecting maintenance obligations under Art. 217 SCC, provided the debtor has or could have sufficient financial means.

If you have any questions about family law, our lawyers will be happy to assist you.

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