Ordinance on advances and recovery assistance for maintenance contributions (BVV) - Scope and Enforcement (BVV)

1. This ordinance regulates the enforcement of the Social Assistance Act in the area of advance payment and enforcement assistance for maintenance contributions.

2. The enforcement is the responsibility of the Cantonal Social Office.

1. The application for the advance payment of child support contributions must be accompanied by

a. * the final and binding judgment or the final and binding approval of the maintenance agreement by the child protection authority,

b. proof of outstanding maintenance contributions,

c. * a certificate of residency as well as the residence permit in case of foreign nationality,

d. the most recent tax return, as well as current salary certificates,

e. a signed acknowledgment of the transfer of the maintenance claim to the canton.

1. In the case of the child's income, the maintenance contribution is advanced only to the extent that the advance and income together do not exceed 1,040 CHF per month.

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1. Good economic conditions according to § 23 paragraph 3 letter a SHG are deemed to exist in cases of an unseparated marriage, an unseparated registered partnership, and a stable cohabiting relationship, if

a. the non-support-obligated parent and his or her spouse or partner together, after deduction of AHV, ALV, pension fund, NBU, and sick pay contributions, after deduction of child allowances as well as after the deduction of CHF 3,600 for each additional child they support, achieve an annual income of more than CHF 78,000, or if

b. they together hold assets exceeding CHF 75,000.

2. Good economic conditions according to § 23 paragraph 3 letter c SHG are deemed to exist for single individuals if

a. the non-support-obligated parent, after deduction of AHV, ALV, pension fund, NBU, and sick pay contributions, after deduction of child allowances as well as after the deduction of CHF 3,600 for each additional child they support, achieves an annual income of more than CHF 52,000, or if

b. he or she possesses assets exceeding CHF 50,000.

3. If the single individual lives in a non-stable cohabiting relationship and performs unpaid household or caregiving work for the other person, an annual income of CHF 6,000 is credited for this work.

1. The application for assistance in the enforcement of maintenance claims must include

a. * the final judgment or the final approval of the maintenance agreement by the child protection authority,

b. proof of outstanding maintenance contributions,

c. * a residency certificate,

d. the most recent tax return as well as current wage statements,

e. the written authorization from the canton for representation.

1. Favorable Financial Conditions for the Obligation to Pay Maintenance by Obligors of Spouses or Partners in Registered Partnerships Concerning Enforcement Fees are Governed by § 4 Paragraphs 1 or 2.

1. The collection fee for successful enforcement of alimony payments for eligible spouses or partners in a registered partnership in good financial circumstances is 10% of the collected amount, but no more than CHF 1,000 per year.

2. Good financial circumstances correspond to the definition in § 4 paragraphs 1 or 2.

1. If the applicant or their representative refuses to provide reasonable cooperation in establishing the facts of the case, the application shall not be considered.

2. If the entitled person or their representative or the person obligated to provide maintenance refuses to provide reasonable cooperation in reviewing an adjustment to the maintenance contribution, the existing advance payment order shall not be adjusted.

3. If the entitled person or their representative refuses to provide reasonable cooperation in reviewing the personal eligibility requirements, the existing advance payment order shall be revoked.

1. All advanced benefits are to be reclaimed from the individuals obligated to provide support.

1. Incoming Debt Payments without an Allocation Declaration will be Applied First to the Advanced Debt and then to the Collected Debt.

1. The Regulation of February 5, 1996, concerning the Advance Payment of Alimony is repealed.

1. This regulation shall enter into force on January 1, 2002.