Child Maintenance in Switzerland: Calculation and Modification

Two Types of Maintenance

1. Child maintenance (art. 285 CC), which takes priority
2. Spousal maintenance (art. 125 CC post-divorce, art. 176 CC for separation)

Child Maintenance (art. 285 CC)

Since 2017, three components: care contribution (art. 285 para. 2 CC), direct child costs, and cash contribution from the non-custodial parent.

Calculation Method (ATF 147 III 265)

The unified two-step method with surplus distribution:

Step 1: Establish each family member's subsistence minimum (debt collection minimum as base: ~CHF 1,200 single person, ~CHF 1,700 couple, plus rent, health insurance, transport; expanded for family law: taxes, childcare, supplementary insurance, leisure).

Step 2: Distribute the surplus (total income minus cumulative minimums) proportionally.

Spousal Maintenance (art. 125 CC)

Based on criteria in art. 125 para. 2 CC. ATF 147 III 308 distinguishes "life-shaping" marriages (over 10 years or children: entitled to maintain conjugal standard) from short marriages without children (each spouse resumes independence).

Modification

Possible if circumstances change durably and significantly (art. 286 para. 2 CC for children, art. 129 para. 1 CC between spouses). Examples: involuntary job loss, disability, remarriage, significant income change, child reaching majority.

Enforcement

Debt collection proceedings (LP). Art. 291 CC allows the court to order the debtor's employer to directly pay the creditor (notice to debtors).