The interests of minor children have priority. This applies to all decisions that affect them. Thus, parents have a special obligation to make an effort where the coverage of child support is in question. The best interests of the child are also paramount for the place of residence, care model, visitation and vacation arrangements.
Determining the place of residence
If one parent alone has parental care, he or she alone can decide on the child's place of residence. As a rule, however, today both parents have joint parental care. Then neither parent alone can decide on a change of residence of the child. If they cannot agree, the court decides. In rare exceptional cases, the court can assign parental care to one parent alone or withdraw it from both parents.
Residence
In the case of separated or divorced parents, the domicile of a minor child is the domicile of the parent with whom a child is registered. This place is decisive for school attendance, social welfare, taxes and other official matters.
Visitation and vacation rights
The guideline is always the best interests of the child. As long as this is respected, the parents are free to regulate the so-called visitation and vacation rights. Actually, it is about the division of care shares. The needs of the children must be taken into account.
The law does not provide for a specific visitation and vacation entitlement. If the parents are able to come to an agreement, taking into account the age of the children, they are free to decide which visitation and vacation arrangements they want to make and how they want to handle them later.
Childcare models
The assessment and allocation of care times to parents should be based on the best interests of the child. Today, there are various models:
- The conventional residential model, in which the children live predominantly with one parent and are with the other parent only on alternating weekends, or at most one afternoon in between, and also during some vacation weeks and holidays.
- Then there is the split of the care time between the two parents (inaccurately called "alternating care").
- And finally, there are any number of mixed forms. The living situation can also change (the children commute), or the children always stay in the same home (the parents commute, "nest model").
A justified solution supported by both spouses is usually approved by the divorce judge.
Child support
There is child support in kind, cash support and child care support:
- Child support in kind means the de facto care and cohabitation with a minor child. It is to be taken into account when imposing cash maintenance, as maintenance in kind and cash maintenance are equivalent.
- Cash maintenance includes the monetary payments that the parents make for the child.
- Care maintenance covers the care-related difference between income (self-support capacity) of a parent caring for the child and the basic needs of this parent. In economic terms, it is based on the needs of the parent taking care of the child; in legal terms, it is assigned to child support.
The starting point and upper limit for calculating child support is the child's due support, i.e. his or her standard of living before the separation, plus separation-related additional costs.
The cash maintenance has to cover the financial expenses of the child. In doing so, the circumstances over several phases are to be taken into account, taking into account the tax burden. The calculation is demanding if it is done correctly. Tables and percentage calculations no longer satisfy the legal requirements.
Alimony for minor children generally takes precedence over spousal support. A distinction is made between different levels, which are to be satisfied in the following order:
- Maintenance of the minimum subsistence level under debt collection law for the parent liable to pay maintenance
- the minimum subsistence level under debt collection law of the minor children
- the minimum subsistence level under debt collection law of the parents
- Childcare maintenance, calculated on the basis of the minimum subsistence level under debt collection law
- Taxes of the minor children
- Taxes of the parents
- Other minimum subsistence level under family law for the minor children
- Childcare maintenance, calculated on the basis of the minimum subsistence level under family law
- other family law subsistence minimum of the parents
- family law subsistence minimum of adult children
- Distribution of any remaining surplus among minor children and spouses (limit for dependent spouses: surplus before separation). No surplus sharing for children of full age.
Family allowances
The following are entitled to family allowances
- Children with whom there is a child relationship within the meaning of the Civil Code;
- stepchildren;
- foster children;
- d. Siblings and grandchildren of the beneficiary if the beneficiary is predominantly responsible for their maintenance.
Special rules apply to children residing abroad.
If the other parent receives the family allowances instead of the primary caregiver, the latter must forward the family allowances in addition to any maintenance contributions.
The child allowances amount to at least CHF 200/month until the end of the month in which a child turns 16, the education allowances amount to at least CHF 250/month for each child, at the most until the age of 25. Individual cantons provide for higher allowances.
Special provisions apply to agricultural workers, which differentiate between self-employed and employed persons as well as between valley and mountain areas.
