Act on Child Support Recovery and Advances - Jurisdiction

1. For the enforcement of the maintenance claim, the municipality at the child's civil domicile provides collection assistance in accordance with Article 290 of the Swiss Civil Code.

2. Municipalities can conduct the collection jointly or assign it to suitable private entities.

1. The residential municipality provides advances to children up to the completion of their 20th year of age, in accordance with this law, if the parents do not fulfill their maintenance obligation or do not do so in a timely manner.

2. These advances are not welfare benefits.

1. Subject of the Advancement are the maintenance contributions of the father or the mother, as stipulated in a judicial decision or in a contract approved by the Child and Adult Protection Authority.

2. Only maintenance contributions that became due no more than one month prior to the submission of the application are advanced.

3. Child allowances are not advanced.

1. No Claim for Advance Payment Exists If

a) the child is financially independent;

b) the child's maintenance is otherwise secured;

c) it is reasonable for the child to cover their maintenance through their own employment;

d) the child is permanently residing abroad;

e) the parents are living together;

f) the necessary information is withheld.

1. An advance for maintenance contributions shall be granted up to the amount of the highest simple orphan's pension of the Swiss Federal Old Age and Survivors' Insurance.

2. An advance shall be granted if the parent responsible for the child meets the conditions for receiving a supplementary benefit for a single person with children according to the legislation on supplementary benefits to the Swiss Federal Old Age, Survivors', and Disability Insurance. The advance, together with the countable income, must not exceed the income limit.

3. The financial circumstances of a stepparent shall be taken into account based on their maintenance obligation in accordance with Article 278 paragraph 2 of the Swiss Civil Code.

1. Applications for the advance payment of maintenance contributions must be submitted by the legal representative of the entitled child to the competent authority at the child's civil residence.

2. The application must include information regarding the personal details, income, and financial circumstances of the child entitled to maintenance, as well as those of the parents and stepparents. A collection power of attorney must also be submitted simultaneously.

3. The application must be accompanied by

a) *A legal title (judicial decision or a contract approved by the Child and Adult Protection Authority);

b) Tax and salary statements of the parents and stepparents.

1. To the extent of the advanced payments made, the maintenance claim against the parent who fails to fulfill their maintenance obligation is transferred to the municipality.

1. Wrongfully Obtained Advances Must Be Repaid.

1. The Executive Council may issue directives.

1. This law shall enter into force on January 1, 1981.