What is a maintenance contribution?
Maintenance (also known as alimony) is the financial support that one parent – usually the parent with whom the child does not live – must pay to the other parent to cover the child’s living expenses.
Legal basis
The obligations to pay child maintenance arise from Art. 276 ff. of the Swiss Civil Code (ZGB). Parents are obliged to jointly provide for the maintenance of the child – both financially and through personal care.
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How are maintenance payments determined?
The amount of maintenance depends on various factors:
- The child’s needs
- The parents’ ability to pay
- Share of care (care vs. cash maintenance)
- Standard of living before the separation
Since the revision of maintenance law (Art. 285 para. 2 ZGB) in 2017, childcare maintenance has also been regulated – this is intended to protect the parent who mainly cares for the child and therefore has limited earning opportunities. You can also find more information on calculating maintenance contributions in our blog post ‘Calculating child maintenance amounts in the event of a divorce’.
What is included in child maintenance?
To calculate child maintenance, the financial circumstances of all family members must be determined. This means their income and expenses. The following expenses of the child are taken into account when calculating child maintenance:
- Basic amount
- Housing costs (based on the housing costs of the parent entitled to custody)
- Health insurance premium (basic insurance and, depending on financial circumstances, supplementary insurance less any premium reduction)
- Uncovered health costs
- External childcare costs
- Any school costs
- Tax contribution
- Depending on the individual case, further expenses may be taken into account
The so-called basic amount covers the everyday and regularly recurring costs for the child. The amount depends on the age of the child. For children up to the age of 10, a basic amount of CHF 400.00 is taken into account. From the age of 10, this increases to CHF 600.00.
Typical components of the basic amount:
- Costs for food
- Clothing and shoes
- Cosmetics and care
- Leisure, sport, hobbies
Important: The basic amount is usually based on the guidelines for calculating the minimum subsistence level under debt enforcement law or cantonal information sheets.
The parent entitled to maintenance must pay the above-mentioned expenses for the child together with the child maintenance contributions owed by the parent obliged to pay maintenance.
What are considered extraordinary costs?
Extraordinary (or unscheduled) costs are expenses that are not regularly incurred and are not covered by child maintenance. Such costs can be, for example
- Dental costs (e.g. orthodontics, braces)
- Glasses or other medical aids
- Music lessons, instruments, sports camps
- Longer school camps or stays abroad
- Costs for private education or further training
- Accident-related treatment costs (if not covered by insurance)
Who bears the extraordinary costs?
In principle, both parents are responsible in proportion to their financial capacity. It is usual for both parents to bear half of the costs after prior joint agreement. A different arrangement can also be made depending on their financial capacity. It is advisable to explicitly regulate the division of extraordinary costs, e.g. in the divorce decree or a maintenance agreement.
What to do in the event of a dispute over extraordinary costs?
In practice, disputes repeatedly arise as to whether an expense is ‘necessary’ or ‘extraordinary’ – e.g. in the case of language holidays abroad, therapy costs or sports equipment.
Recommendation:
- Have a clear written agreement on extraordinary costs.
- Agree on major expenses together beforehand.
- If no agreement can be reached, the court or the child and adult protection authority (KESB) can be called upon.
Conclusion: Clear rules protect everyone involved
Whether it’s a maintenance contribution or extraordinary costs – clear agreements and transparency are needed for regulated relationships. Seek legal advice at an early stage to avoid misunderstandings and lengthy disputes.
Do you need support in calculating child maintenance or in a dispute about extraordinary costs?
Our experienced lawyers will be happy to assist you if you need support in the area of separation and divorce.